HOMBE GOWDA EDN TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) One Venkappa Gowda, Respondent No. 3 herein, was at all material times a lecturer in Kuvempu Mahavidyalaya, the Appellant No. 2 herein. The said institution is under the management of the Appellant No. 1.

(2.) The private institutions in the State of Karnataka are governed by the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975, (for short, the Act).

(3.) The Respondent No. 3 herein was subjected to a disciplinary proceeding on an allegation that he had assaulted the Principal of Appellant No. 2 with a chappal. He was found guilty of the said charge and dismissed from service. An appeal was preferred by him before the Educational Appellate Tribunal (for short, the Tribunal) in terms of Section 8 of the said Act. The said Tribunal is constituted in terms of Section 10 thereof. The proceeding before the said Tribunal by a legal fiction is treated to be a judicial proceeding. It is not in dispute that the Appellant No. 2 received grant-in-aid from the State of Karnataka in terms of the Grant-in-Aid Code framed by the Karnataka Collegiate Education Department. Before the Tribunal, the State of Karnataka as also the Director of Collegiate Education were impleaded as parties. A preliminary issue was framed as to whether the departmental proceedings held against the Respondent No. 3 was in consonance with the provisions of Rule 14(2) of CCS (CCA) Rules. While deciding the preliminary issue, it was held that the departmental proceeding was invalid in law. The Appellants, therefore, adduced evidences before the Tribunal to prove the charges against Respondent No. 3. The Tribunal having regard to the pleading of the parties formulated the following questions for its determination: