K. PREMCHANDRAN S/O P.K. HARICHANDRAN Vs. THE CHAIRMAN, SCHOOL MANAGING COMMITTEE, THE PRINCIPAL, ARMY PUBLIC SCHOOL AND ARMY PUBLIC SCHOOL REP. BY ITS PRINCIPAL

JUDGEMENT

(1.) THE Petitioner is calling in question the order dated 02.02.2002, which is impugned at Annexure -D to the writ petition. By the said memorandum, the services of the Petitioner had been discharged. The Petitioner claiming to be aggrieved by the same had initially approached the Education Appellate Tribunal, Bangalore (for short the 'EAT') under the wrong assumption that he could file such an appeal under the Education Act. Since the school in question is not subjected to the provisions of the Karnataka Education Act, the Petitioner has withdrawn the said appeal and thereafter presented the instant writ petition.

(2.) HEARD the learned Counsel for the parties and perused the petition papers.

(3.) THE Respondents while opposing the contention put forth by the Petitioner, through the objection statement, have at the outset contended that the writ petition itself is not maintainable inasmuch as the Army School is being run by the Army Welfare Educational Society (for short the 'AWES'), which is a society registered under the Karnataka Societies Registration Act and therefore not amenable to writ jurisdiction. With regard to the discharge of the Petitioner from service, the Respondents contended that the Petitioner had indulged in the misconduct of selling certain articles belonging to the Army School and the amount of Rs. 1500/ - realised therefrom had not been deposited by the Petitioner. Therefore, the Principal had instituted the proceedings and since the inquiry had found the Petitioner to be guilty of the charges, the Chairman of the School Managing Committee thereafter considered the inquiry report and has subsequently passed the discharge order, which is sustainable in law. It is further contended that as per the Rules governing the Society, the action has been initiated and therefore, the same does not call for interference.