The main legal point established in the judgment is the interpretation of the saving provisions under Sec. 146 of the Act of 1983 and its impact on the applicability of disciplinary rules and proceedings.

JUDGMENT/ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ of certiorari and to quash the impugned judgment and award passed by the Principal District Judge at Raichur in EAT 2/2004 dtd. 25/8/2009 produced at Annexure-A.

b. Issue a writ of Mandamus directing the respondent to reinstate the petitioner in service with all other consequential benefits.

c. Issue any other suitable writ, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case.

2. The petitioner was working as a Principal of Smt.Giraja Mahila Pre-University College, Sindhanur, run by the respondent-Society from the year 1994. Disciplinary enquiry was initiated against the petitioner on the basis of ten charges relating to misappropriation of monies, highhandedness etc. under Rule 17 of the Karnataka Private Educational Institutions (Discipline and Control) Rules 1978. The Enquiry Officer was appointed who submitted a report confirming the delinquency against the petitioner to having been proven on 10/10/2003. A 2 nd show cause notice came to be issued on 26/7/2004 which was replied to by the petitioner on 12/8/2004, the disciplinary authority not acceptable to the reply dismissed the petitioner from service on 30/8/2004 which came to be challenged by the petitioner by filing an appeal under Sec. 94 of the Karnataka Education Act before the Education Appellate Tribunal at Raichur in EAT No.2/2004 which came to be dismissed on 25/8/2009. It is aggrieved by the same that the petitioner is before this Court.

3. Sri.S.S.Mamadapur., learned counsel for the petitioner would submit

3.1. that on coming into force of the Karnataka Education Act, 1983, on 1/6/1995 vide notification bearing No.ED2MES95 dtd. 30/5/1995, the Karnataka Private Educational Institution (Discipline and Control) Rules, 1978 has been repealed on account of the repeal of the Karnataka Private Educational Institutions (Discipline and Control) Act 1975 and in terms of Sub-sec. 1 of Sec. 146 of the Karnataka Education Act, 1983 and on this ground, he submits that the enquiry proceedings would not have proceeded against the petitioner under the Rules of 1978 which should repeal on 1/6/2003 in as much as, the enquiry was conducted from 10/10/2003 to 12/7/2004 after the repeal of the Rules of 1974.

3.2. The Karnataka Educational Institutions (Collegiate Education) Rules 2003 having come into force on 7/8/2003, any proceedings initiated under the Rules of 1978 ought to have been continued under the Rules of 2003. In the present case, the proceedings having been completed under the Rules of 1978, when the Rules of 2003 had come into force, is not sustainable and as such, the enquiry conducted is improper.

3.3. This aspect having been brought to the notice of enquiry officer, the enquiry officer ought to have taken the same into consideration. The enquiry officer not having taken into consideration when it was brought to the notice of EAT, the Tribunal ought to have taken into consideration, which it has not done, therefore, rendering the order passed by the EAT contrary to law. On this ground it is submitted that the petition is required to be allowed and that the reliefs sought for is to be granted.

4. Per contra, Sri.Shivakumar Malipatil., learned counsel appearing for respondent No.1 would submit:

4.1. that merely on account of the repeal of the Act of 1975, the Rules of 1978 did not get repealed on 1/6/2003 and in this regard, he relies upon the sub-sec. 3 of Sec. 146 of the Act of 1983 which is reproduced hereunder for easy reference;

"146. Repeal and saving:-

(1) ***

(2) ***

(3) Notwithstanding anything contained in this Act, all rules, orders, notifications, Grant-in-aid Codes, appointments, schemes, bye-laws, regulations, official memoranda-circulars or any other orders made or issued before the commencement of this Act and in force on the date of such commencement providing for or relating to any of the matters for the furthera