Back
SURAJ GOVINDARAJ
Hebbalakppa Havalappa Hiremani – Appellant
Versus
Narasimha Swamy Vidya Samsthe – Respondent
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 author
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 proceed....
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.
Minority institutions are not bound by external regulations like the Rules of 2018, provided they ensure fair hearing in disciplinary proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
