B. S. RAVIKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who was working as Assistant Professor of Botany in the year 2014 when this writ petition was filed is assailing the show-cause notice dated 23.11.2013 along with the charge memo dated 13.08.2013 issued by the second respondent-Director of Collegiate Education.

(2.) In the year 2002, while the petitioner was working as Lecturer, he was deputed to the Technical Education Department and consequently he was appointed as Co-ordinator for the State level NSS Camp held between 29.12.2002 and 07.01.2003 at Rajiv Gandhi (Nagarahole) National Park. Certain allegations were made against the petitioner that he misbehaved with the girl students during the camp and therefore, an enquiry was held against the petitioner by the Management of the fourth respondent- Institution where the petitioner was working. However, by order dated 28.12.2011 the Enquiry Officer held that the initiation of the enquiry by the Management is arbitrary and invalid in the eye of law, since the charge memo and initiation of enquiry were made under the provisions of Karnataka Private Educational Institutions (Discipline and Control) Act , 1975, while the said enactment was repealed by the State Government while introducing the Karnataka Education Act, 1983, which came into existence by Karnataka Act No.1 of 1995. Nearly two years after the enquiry report was submitted, the second respondent-Director issued a show cause notice dated 23.11.2013 along with charge memo dated 13.08.2013 calling upon the petitioner to show cause as to why disciplinary proceedings should not be held against the petitioner. The petitioner caused a reply dated 17.12.2013 denying the charges and more particularly contested that enquiry was already held and therefore, a second enquiry should not be held against the petitioner. Nevertheless, the second respondent-Director by order dated 13.02.2014 appointed one Sri. Radha Krishna Holla retired District and Sessions Judge, as Enquiry Officer and Sri. G.V.Prashant, Assistant Administrative Officer, Directorate of Technical Education as Presenting Officer to enquire into the charges leveled against the petitioner under Rules 37 and 38 of the Karnataka Education Institutions (Collegiate Education) Rules, 2003.

(3.) Learned Counsel for the petitioner submits that the initiation of second enquiry is illegal and without authority of law. It is submitted that Section 101 of the Karnataka Education Act, 1983, is not followed and the impugned action is also in contravention to Rules 33 and 37 of the Karnataka Educational Institutions (Collegiate Education) Rules, 2003. During the course of the argument, it was also pointed out by the learned Counsel for the petitioner that the criminal case initiated against the petitioner in C.C.No.101/2010 was also dismissed by a judgment dated 09.03.2018.