MARIMALLAPPA EDUCATION TRUST Vs. K S RATHNAMMA

JUDGEMENT

(1.) THE petitioner-Marimallappa Educational Trust in this writ petition, has challenged the legality and correctness of the order passed by the Commissioner of Collegiate Education in Appeal No. 11 of 2002. '

(2.) THE facts leading to the filing of this writ petition are as under: The petitioner-Trust has been running Educational Institution in mysore City from primary to collegiate education. The first respondent herein is the employee working as a Principal of Mallamma Marimallappa Women's Art and Commerce College, Mysore. On the ground that the first respondent committed certain financial irregularities during the period when she was on leave, disciplinary enquiry was instituted and pending enquiry, by the order dated 26-8-2001 she was kept under suspension by the petitioner-institution.

(3.) THE first respondent-employee challenged the said order of suspension by filing an appeal before the Commissioner of Collegiate Education. The Appellate Authority allowed the appeal by its order dated 23-10-2002 and set aside the suspension order mainly on the ground that the prior permission of the Commissioner of Department of Collegiate Education was not obtained and suspension order was passed by an incompetent person.