ORDER

Leave granted.

We have heard counsel on both sides.

2. This appeal by special leave arises from the order of the Karnataka High Court, made on 18.4.1996 in C.R.P. Nos. 934/93 and 2362/93 and the order dated 5.8.1996 in C.P. Nos. 365 and 366 of 1996.

3. The admitted position is that the respondent was suspended from service on 18.3.1989. Domestic enquiry was conducted and the order of removal was passed. A petition was filed by the respondent against the said order before the Tribunal constituted under Karnataka Education Act, 1983. The Tribunal on finding that the respondent was not paid the subsistence allowance, set aside the order of termination and remitted the matter for fresh enquiry. In revision, the High Court stayed the domestic enquiry and the civil petition was allowed by the High Court. Thus, this appeal by special leave.

4. It is not necessary for us to go into the merits of this matter. Rules 12(3) and 12(4) of the Rules framed under Karnataka Private Educational Institutions (Discipline & Control) Act, provide that in a case where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside in an appeal or on review und