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The Gujarat Universities Services Tribunal has quashed and set-aside a decision of Gujarat University (GU) to demand recovery of around Rs 10 lakh from two doctors employed at the varsity Health Centre. The amount was awarded to them as benefits by the university suo motu.
Setting aside the GU decision,the Tribunal also directed the authorities to pay Rs 1,500 to the two petitioner doctors Mahendra Bhatt and Sudha Desai.
According to the details of the case,the GU authorities had granted certain benefits to the two doctors as per the recommendations of the Tikoo Commission. When the GU authorities sought to take state governments approval for the same,the government,after a considerable time,rejected the request and ordered to recover the amount of around Rs 10 lakh.
Following the government disapproval,the GU authorities issued letters to the two doctors and demanded to recover the amount from them. The two were arbitrarily asked to give the money and were not given any chance to explain their take on the same,which is against the law of nature, said the two doctors counsel,Falguni Upadhyay.
The doctors then got a stay against the decision of the
GU and challenged the same in the Tribunal.
While quashing the decision recently,Tribunal Judge Rajendra Patel observed: It appears to this Tribunal that the registrar of opponent university has acted absolutely in wrong,unjustified,unlawful,illegal and arbitrary manner. It appears that he had no authority to act in this way against law.
The Triibunal further observed that the action of the GU authorities is prejudicial to the interest of respective petitioners and therefore it requires to be quashed and set aside.
While ordering the university to deposit Rs 1,500 in the service account of each of the petitioners,it kept it open to the university to recover the amount from the salary of the concerned officer who passed the arbitrary order.
It will be open for the university to recover this amount of cost from the salary of the erring officer,who has not followed the principle of natural justice and law of the land, it observed.
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