Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
CASE NO.:
Appeal (civil) 5205 of 2003
PETITIONER:
Secretary, Sree Ujjini, J.S.V.V. Sangha
RESPONDENT:
Vs.
R.H.M. Channabasava Swamy
DATE OF JUDGMENT: 25/07/2003
BENCH:
K.G. Balakrishnan & P.Venkatarama Reddi.
JUDGMENT:
J U D G M E N T
(Arising out of SLP(Civil) No. 2603/2002)
K.G. BALAKRISHNAN, J.
Leave granted.
This appeal is preferred against the Judgment of the learned Single Judge
of the High Court of Karnataka in Civil Revision Petition No. 4278/98. An Order
of the Education Tribunal was challenged before the learned Single Judge and
the same was set aside and hence this appeal by way of special leave.
The respondent was employed as a teacher in a school owned and
managed by the appellant. An order was passed against the respondent
terminating his service w.e.f. 21.8.1981. According to the appellant, the
respondent was then working on probation, though the respondent alleged that
his probation period was already over. The appellant had also contended that
the respondent teacher had offered his resignation voluntarily and his resignation
was accepted. The Tribunal came to the conclusion that the termination of the
services of the respondent, without there being a valid inquiry was not proper and
therefore, the termination of service of the respondent was set aside and he was
ordered to be reinstated to the post of ’Teacher’ with full back wages from the
date of his termination.
The learned Single Judge before whom the matter came up for
consideration held that once the Tribunal had come to a conclusion that no
proper inquiry had been conducted in accordance with law, the matter should
have been remitted back to an Inquiry Committee to decide the issue. The
learned Single Judge, therefore, framed certain issues and appointed a District
Judge(Retd.) as Chairman of the Inquiry Committee. One representative each
from the appellant side and the respondent side were directed to be included in
the Inquiry Committee and the Committee was directed to complete the inquiry
within a period of six months. It was also directed that dismissal should be
treated as suspension and suspension allowance shall be paid in accordance
with law.
The order of the learned Single Judge is challenged before us.
We heard both sides. Having regard to the facts and circumstances of
the case, we do not think that the learned Single judge erred in remitting the
matter for further inquiry. However, we feel that the appointment of the
committee is not necessary for the purpose. The District Judge (Retd.)
appointed by the High Court can very well conduct the inquiry as Inquiry Officer.
The appellant shall pay a sum at the rate of Rs. 500/- per sitting to the Inquiry
Officer apart from other incidental expenses. The Inquiry shall be completed
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
within a period of six months. The Respondent shall be deemed to be under
suspension pending such enquiry.
Subject to the above modifications of the order passed by the learned
Single Judge, the appeal is dismissed, without any order as to costs.