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1998 Supreme(Kar) 624

G.C.BHARUKA
SHANKARAPPA SHARANAPPA GAURE – Appellant
Versus
DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BIDAR – Respondent


Advocates:
Chandrashekar P.Patil, Manikappa Patil, P.S.RAJGOPAL, VIDYA

G. C. BHARUKA, J.

( 1 ) THE petitioner was working as head master in the 3rd respondent- dharmaprakash higher primary school, basavakalyan. The said school is run by 2nd respondent-management and has been admitted to grantin-aid by the government of karnataka. By an order dated 25-7-1996 (Annexure-H), the management of the school has put the petitioner under suspension, pending disciplinary enquiry.

( 2 ) THE aforesaid order (Annexure-H) was subjected to an appeal before the Karnataka educational appellate tribunal (in short, 'the tribunal'), which now owes its existence under Section 96 of the Karnataka Education Act, 1983 (in short, 'the Education Act'), which has come into force with effect from 1-6-1995.

( 3 ) THE said appeal filed before the tribunal was numbered as eat No. 27 of 1998. The tribunal dismissed the appeal by its order dated 19-2-1998 (Annexure-L), on the ground of limitation. It has also rejected the la. Filed by the petitioner for a direction to the management to pay subsistence allowance on the ground that it is a separate cause of action and therefore an independent appeal ought to have been filed for the said purpose. The order of tribunal clearly shows that i














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