Communication of orders in writing is essential for terminating services or imposing penalties, and an appeal can only be filed within three months from the date of communication of the order.

SRI H. V. RAMASWAMY, J.

( 1 ) HEARD , learned Counsel for the revision petitioner.

( 2 ) THIS petition has been filed as civil revision from the order of the Educational Appellate tribunal, Bangalore dated 26-9-1995 in Miscellaneous Appeal (EAT) No. 65 of 1987. That appeal had been dismissed taking the view that there is no order of any authority which affects the services of the appellant and so appeal does not lie.

( 3 ) THE learned Counsel for the petitioner challenged this order and submitted that even though the Tribunal is not a Civil Court and is a Tribunal, this Court may not dismiss the revision on this ground as it has got ample power under Article 227 to interfere where order suffers from jurisdictional error or like particularly when the matter relates to jurisdiction. The learned counsel contended that the Tribunal failed to exercise its jurisdiction vested in it on the ground that appeal was not maintainable as no order had been passed by the authority which affects appellant's services after having misconstruing Annexure-A. The learned Counsel contended that the Tribunal has misconstrued the or- der when it observes that Annexure-A does not show that the 4th respondent had intimated the appellant that her post will not be approved. The learned counsel further contended that when in the opinion of the Tribunal the appeal was not maintainable, it acted in excess of its jurisdiction when it observed that appeal is dismissed on merits also. Learned Counsel further contended once the order at Annexure-A did not affect the services of the present revision petitioner, the claimant was entitled to up-to-date salary and emoluments. The learned Counsel submitted really Annexure-A was the order to the effect that services of the appellant. e. , the present revision petitioner were not required. But on the basis of misconstruction of the order, the Tribunal held that it did not affect the services.

( 4 ) NOTICE had been served on all the respondents, but none had put in appearance either on behalf of respondent 4. e. , the main institution nor on behalf of the Head Mistress of the Institution. Respondents 1 to 3 and 5 appears to be formal parties being Governmental authorities. The learned Government Counsel, Sri V. Jayaram no doubt is present. The learned Government counsel submitted that the Tribunal was justified in dismissing the appeal on the ground that no order affecting the services of appellant had been produced and in view of Sections 7 and 8 of the old Act appeal lies against the order communicated in writing and cause of action could accrue from the date of communication in writing. So there was no cause for filing the appeal. Secondly, the revision petitioner should have summoned that order from the Board of management by giving a registered notice.

( 5 ) I have applied my mind to the contentions made by the learned Counsel for the parties. No doubt Educational Appellate Tribunal, as held by this Court, is not a Civil Court and as opined by me in some cases that a civil revision is ordinarily maintainable against the order of civil Court and not of Tribunal. But, this does not deprive this Court of its power under Article 227 of Constitution to examine whether the order passed is without jurisdiction or suffers from error of law of substantial nature that in effect causes injustice to the parties. Keeping that in view, I have examined the matter and heard the learned Counsels on merits.

( 6 ) AS regards the present case no doubt once the Tribunal has found that appeal was not maintainable as there was no order in writing produced to the effect that appellant's services were terminated, the petitioner had no right to approach the Tribunal. I have examined the provisions of the Act. Section 7 of the Karnataka Private Educational Institutions (Discipline and control) Act, 1975, that was then operative, provides and reads as under:

"section 7. Communication of orders.--Every order of the Board of Management te

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