Sree Ujjini, J.S.V.V. Sangha Vs. R.H.M. Channabasava Swamy  Insc 316 (25 July 2003)
Balakrishnan & P.Venkataramareddi.
out of SLP(Civil) No. 2603/2002) K.G. BALAKRISHNAN, J.
appeal is preferred against the Judgment of the learned Single Judge of the
High Court of Karnataka in Civil Revision Petition No. 4278/98. An Order of the
Education Tribunal was challenged before the learned Single Judge and the same
was set aside and hence this appeal by way of special leave.
respondent was employed as a teacher in a school owned and managed by the
appellant. An order was passed against the respondent terminating his service w.e.f.
21.8.1981. According to the appellant, the respondent was then working on probation,
though the respondent alleged that his probation period was already over. The
appellant had also contended that the respondent teacher had offered his
resignation voluntarily and his resignation was accepted. The Tribunal came to
the conclusion that the termination of the services of the respondent, without
there being a valid inquiry was not proper and therefore, the termination of
service of the respondent was set aside and he was ordered to be reinstated to
the post of 'Teacher' with full back wages from the date of his termination.
learned Single Judge before whom the matter came up for consideration held that
once the Tribunal had come to a conclusion that no proper inquiry had been
conducted in accordance with law, the matter should have been remitted back to
an Inquiry Committee to decide the issue. The learned Single Judge, therefore,
framed certain issues and appointed a District Judge (Retd.) as Chairman of the
Inquiry Committee. One representative each from the appellant side and the respondent
side were directed to be included in the Inquiry Committee and the Committee
was directed to complete the inquiry within a period of six months. It was also
directed that dismissal should be treated as suspension and suspension
allowance shall be paid in accordance with law.
order of the learned Single Judge is challenged before us.
heard both sides. Having regard to the facts and circumstances of the case, we
do not think that the learned Single judge erred in remitting the matter for
further inquiry. However, we feel that the appointment of the committee is not
necessary for the purpose. The District Judge (Retd.) appointed by the High
Court can very well conduct the inquiry as Inquiry Officer.
appellant shall pay a sum at the rate of Rs. 500/- per sitting to the Inquiry
Officer apart from other incidental expenses. The Inquiry shall be completed
within a period of six months. The Respondent shall be deemed to be under
suspension pending such enquiry.
to the above modifications of the order passed by the learned Single Judge, the
appeal is dismissed, without any order as to costs.