( 1 ) "he who takes the procedural sword shall perish with the sword" said frankfurter, J. in Viteralli vs. Seaton.

( 2 ) THE State of Andhra Pradesh with aview to protect the teaching and non-teaching staff has enacted the Andhra pradesh Education Act, 1982, (hereinafter referred to as the Act for the sake of brevity ). Chapter XIV of the Act inter alia provides for disciplinary action against employees of private institutions. Subsection (1) of Section 79 of the Act inter alia states that no employee shall be dismissed, removed or reduced in rank, except after an inquiry in which he has been informed of the charges against him, given a reasonable opportunity of being heard in respect thereof, and further such an order of punishment shall not be passed without the prior approval of such authority or officer as may be prescribed for different classes of private institutions. Section 80 provides for an appeal before the competent authority. Sub-section (2) of Section 80 lays down the grounds upon which the appellate authority can interfere with the order appealed against. Section 81 provides for an appeal before the Government.

( 3 ) IN exercise of its power confer