B.M.MAHESHWARAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who was working as Head Master in the School run by respondent No.5 had sought for leave for the period from 19/11/2008 to 4/12/2008 purportedly on medical grounds. The petitioner submits that he had reported for duty on 5/12/2008 alongwith the Medical Certificate and Fitness Certificate. It is submitted that when the petitioner went to report for duty on 5/12/2008, the person In-charge refused to hand over the charge stating that permission from respondent No.5 was required to be obtained.

(2.) It is submitted that respondent No.5 had called upon the petitioner to reply to its two letters. It is contended that the petitioner thereafter submitted a representation to respondent No.5 with a request to respondent No.3 to direct respondent No.5 to permit him to report for duty. The respondent No.5 is stated to have thereafter in its proceedings concluded that the petitioner had remained in unauthorised absence and that it had resolved to place Sri B.M.Basavarajaiah as In-charge Head Master as per the resolution passed on 10/12/2008. It is further submitted that the said resolution has been forwarded to respondent No.4.

(3.) The petitioner being aggrieved by the action of respondent No.5 got issued the legal notice calling upon respondent No.5 to permit the petitioner to report for duty and copy of the legal notice dtd. 9/2/2009 is produced at Annexure-'J' and thereafter other representations were also addressed to the concerned. When there was no response from the respondents, the petitioner filed Appeal No.11/2019 before respondent No.2 with a request to allow him to discharge his duties as Head Master of Smt.Neelamma Bethur Basappa Girls High School, Davanagere.