H GOVINDAIAH Vs. KARNATAKA STATE OPEN UNIVERSITY MYSORE

JUDGEMENT

(1.) THESE two petitions arises an interesting question with regard to the participation of a lecturer in the general elections to the loksabha. Facts in W. P. No. 22214 of 2000. Petitioner was working as a senior grade lecturer in economics in mysore university. On the advent of the first respondent under the Karnataka state open university act, 1992 and after formation of the first respondent, the petitioner was appointed as selection grade lecturer (reader) in 1996. While working as such the petitioner was appointed as deputy registrar (evaluation) on the administrative side in the year 1998. The petitioner is rendering honest and sincere service for several years. The petitioner is issued with a show-cause notice on 1-6-2000, Annexure-a alleging that the petitioner has contested the loksabha elections and he has supported a candidate of janata dal (s), smt. Nagamma in taluk panchayat elections. The petitioner sought for details in the matter in terms of Annexure-b. Thereafter, a show-cause notice was issued to him in terms of Annexure-c. Annexure-d is a copy of statute framed by the first respondent. The petitioner in this petition is seeking for quashing the showcause notice, Annexure-a, endorsement, Annexure-b in addition to a direction directing the respondents not to proceed with the disciplinary proceedings.

(2.) THIS court issued notice. The respondents have entered appearance through counsel. They have filed a detailed objections. They say that the petitioner deserves disciplinary proceedings. Facts in W. P. No. 23574 of 2000. In this petition, the petitioner is questioning Annexure-h, Article of charges, Annexure-j, suspension Order and is also seeking a direction not to proceed in the matter. this is nothing but a continuation of the earlier proceedings. The facts are same/similar. In this petition, the petitioner has filed Annexure-e stating that the statute No. Ix came into force only on 28-1-2000. Annexures-f and g are nothing but a request to stop the proceedings. Annexure-h is Article of charges. Notices were issued. The respondents have entered appearance. They justify their stand. They further state that the proceedings have been completed and the report has been submitted by the enquiry officer.

(3.) HEARD the counsels.