N. S. NAGALAKSHMI Vs. VIDYA VARDHAKA SANGHA

JUDGEMENT

(1.) The petitioner in this writ petition calls in question the order dated 11.06.2018, passed in M.A.(EAT) No.2/2006 by the III Addl. Civil and Session Judge, Bangalore City, affirming the order of removal of the petitioner from service of the respondent Vidya Vardhaka Sangha Pre-University College for Women and the order of removal dated 04.04.2005, on the basis of the charge sheets dated 09.04.2004 and 01.07.2004.

(2.) Shorn of unnecessary details, the material facts necessary for appreciation of the controversy are as follows:-

(3.) During the tenure of the petitioner as the Principal, animosities developed between the teachers, staff and the petitioner, which lead the College resolving to authorize one Sri K.N.Shrihari, the Secretary of the College to appoint an Enquiry Officer to conduct a domestic enquiry regard interse dispute between the petitioner and other staff. In furtherance of this resolution, the second respondent, an advocate was appointed as the Enquiry Officer who issued a charge sheet against the petitioner on 09.04.2004 and further on 01.07.2004, an additional charge memo was also issued. Petitioner by causing a legal notice sent a reply to the Enquiry Officer against the charge memo. Challenging the charge sheet and the additional charge memo, the petitioner approached this Court in W.P.No.46496/2004 and this Court by its order dated 22.03.2005, dismissed the writ petition. The petitioner challenged the said order in writ appeal No.2443/2005. The appeal also came to be dismissed by the learned Division Bench on 10.08.2005, directing the petitioner to file an appeal before the Educational Appellate Tribunal under Section 94 of the Karnataka Education Act, 1983 (hereinafter referred to as 'the said Act' for short). Against the judgment of the learned Division Bench, a Special Leave Petition was filed by the petitioner before the Apex Court, which also came to be dismissed by an order dated 09.12.2005. After all these proceedings, the petitioner later filed an appeal before the III Additional City Civil and Sessions Judge, Bengaluru City (hereinafter referred to as 'the Tribunal' for short) questioning the order of dismissal dated 04.04.2005, in M.A.(EAT) No.2/2006.