SAHITYA AKADEMI Vs. AGRAHARA KRISHNAMURTHY

JUDGEMENT

(1.) This intra Court appeal is filed by the appellant-Sahitya Akademi assailing the order dtd. 26/7/2019 passed in W.P. No. 28348/2014 whereby the writ petition filed by the respondent herein has been allowed.

(2.) The appellant-Sahitya Akademi claims to be a society registered under the Societies Registration Act, 1960. The Service Bye-laws of 1999 ['Bye-laws' for short] of the Society has come into effect on 4/8/2000 being finally approved by the Executive Board.

(3.) The respondent contends that he joined the services of the appellant-Sahitya Akademi in 1986 as the Deputy Secretary, Southern Regional Office, he thereafter promoted to the post of Regional Secretary, Southern Regional Office. He was appointed as the secretary of the appellant-Sahitya Akademi on 16/5/2006 and retired on 31/1/2013 after attaining the age of superannuation. The petitioner has challenged the letter-second show cause notice dtd. 13/11/2013 [Annexure-AB] issued by the appellant-Sahitya Akademi along with the enquiry report and the order dtd. 3/6/2014 [Annexure-AC] issued by the appellant-Sahitya Akademi inter alia challenging the disciplinary proceedings initiated against the respondent thereby restraining the appellant-Sahitya Akademi from deducting any amount from the pension, increments and other emoluments accruable to the respondent with other consequential reliefs.