ASHRAF ALI I BHADGANVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned AGA for respondents No.1 to 4.

(2.) The petitioner has approached this Court seeking for the following reliefs:

(3.) It is the case of the petitioner that, he was appointed as a Second Division Assistant in the 6 t h respondent Institution on 01.08.1988 and his appointment was approved without aid by the 2nd respondent on 24.04.1995. On 17.07.2006, the 6 t h respondent had issued a memo calling explanation from the petitioner for his unauthorized absence for the period from 24.10.2005 to 17.07.2006. It was followed with another show cause notice alleging that the petitioner had indulged in misappropriation of funds of the Institution. The petitioner had replied to the said notices denying the allegations made against him. Subsequently, vide order dated 20.02.2007, 5th respondent had dismissed the petitioner from the services. Petitioner thereafterwards submitted a detailed representation on 31.03.2008 requesting respondents No.5 and 6 to continue his services in the Institution and permit him to work in the college. Challenging the order of dismissal, the petitioner had filed a statutory appeal before the Education Appellate Tribunal, Belagavi ('E.A.T', for short) and during the pendancy of the appeal, there was an interim order operating as against the Management, directing them not to fill up the post of the petitioner. The said appeal was disposed of by the E.A.T setting aside the order of dismissal dated 20.02.2007, passed against the petitioner on the ground that the same was unfair and against the law.