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State of Maharashtra - Section

Section 59 in The Maharashtra Universities Act, 1994

59. Right of appeal.

(1)Notwithstanding anything contained in any law or contract for the time being in force, any employee (whether a teacher or other employee) in any university, [* *] [This word was deleted by Maharashtra 55 of 2000, section 42(a).] college or recognized institution (other than that managed and maintained by the State Government, Central Government or a local authority), who is dismissed or removed or whose services are otherwise terminated or who is reduced in rank by the university or management and who is aggrieved, shall have a right of appeal and any appeal against any such order [shall] [This word was substituted for the word 'should' by Maharashtra 55 of 2000, section 42(b).] lie to the Tribunal:Provided that, no such appeal shall lie to the Tribunal in any case where the matter has already been decided by a court or Tribunal of competent jurisdiction, or is pending before such court or Tribunal on the date of commencement of this Act or where the order of dismissal, removal, otherwise termination of service or reduction in rank was passed by the management at any time before the date on which this Act comes into force and in which case the period for filing an appeal has expired.
(2)Such appeal shall be made by the employee to the Tribunal within thirty days from the date of receipt by him of the order of dismissal, removal, otherwise termination of services, or reduction in rank, as the case may be:Provided that, where such order was made before that date of commencement of this Act, such appeal may be made if the period of thirty days from the date of receipt of such order has not expired.
(3)Notwithstanding anything contained in sub-section (2), the Tribunal may entertain an appeal made to it after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
(4)Every appeal shall be accompanied by a fee of four hundred rupees which shall not be refundable and shall be credited to the university fund:Provided that it shall be lawful for the State Government to revise, by notification in the Official Gazette, such fees as it may deem fit from time to time.