O R D E R

In this writ petition, the petitioner has questioned order dated 16th May, 2014 (Annexure-S) passed by the respondent No.2 in Appeal No.35 of 2013 and order dated 19th July, 2014 (Annexure-T) passed by the respondent No.3; inter-alia sought for direction to respondents 6 and 7 to pay subsistence allowance from 06th March, 2010 till date.

2. It is the case of the petitioner that the petitioner was appointed in Sri Lepakshaswamy Pre-University College, Seetharamapura, Bhadravathi Taluk, Shivamogga District, run by the respondent No.6-Management. The appointment of the petitioner was approved by the respondent-Government for the purpose of Grant-in-Aid. It is the further case of petitioner that the petitioner was issued with the charge memo dated 26th February, 2010, alleging four charges against him. Pursuant to the same, the petitioner has made a reply dated 17th March, 2010, however, without considering the same, the respondent- Management has completed the enquiry proceedings against the petitioner. In the meanwhile, the petitioner was kept under suspension and pursuant to the notice calling for the petitioner for enquiry on 26th July, 2010, the respondent-Management has concluded the proceedings and according to the petitioner, entire enquiry has been initiated and concluded against the petitioner. It is the case of the petitioner that the impugned orders suffers from the principles of natural justice. It is further stated that the petitioner has received the final Showcause Notice dated 21st January, 2012 (Annexure-J), wherein, the respondent- Management has imposed an order of compulsory retirement under Rule 285(3) of the Karnataka Civil Services Rules. Thereafter, the petitioner has made representation dated 12th June, 2012 (Annexure-H) to the respondent-Management, requesting the respondent-Management to release the subsistence allowance, however the same has not been released. Hence, the petitioner has approached the respondent No.2 in Appeal No.35 of 2013 under Section 131 of the Karnataka Education Act, 1983, seeking following relief:

“(a) Direct the Respondent-Management to pay full salary as subsistence allowances from the date of suspension till date and continue to pay the same till the suspension is revoked in the interest of justice and equity;

(b) Pass such other consequential relief or any other appropriate order or direction as this Hon’ble Authority deems fit in the facts and circumstances of the case, in the ends of justice and equity.”

3. It is stated in the writ petition that the respondent No.2, without considering the relief sought for by the petitioner in Appeal No.35 of 2013, has passed impugned order dated 16th May, 2014 (Annexure-S), consequently an order dated 19th July, 2014 (Annexure-T) by the respondent No.3 is passed. Feeling aggrieved by the same, the petitioner approached this Court in the present writ petition.

4. Heard Sri. M.P. Srikanth, learned counsel appearing for the petitioner; Sri. M.S. Nagaraja, learned Additional Government Advocate appearing for respondents 1 to 5; and Sri. P. Prasanna Kumar, learned counsel appearing for respondents 6 and 7.

5. Sri. M.P. Srikanth, learned counsel appearing for the petitioner invited the attention of Court to the prayer made in the Appeal No.35 of 2013 filed by the petitioner produced at Annexure-P and argued that the respondent No.2, without going to the averments made in the Appeal with regard to release of subsistence allowance from the date of suspension till the date of filing an appeal, has passed an impugned order dated 16th May, 2014 (Annexure-S) on merits with regard to Departmental Enquiry initiated and concluded against the petitioner, which required to be interfered in this writ petition. Learned counsel Sri. M.P. Srikanth also contended that the impugned order dated 19th July, 2014 (Annexure-T) passed by the respondent No.3 suffers from the infirmity on the ground that the Appellate Authority has not passed the appropriate order