HIREKERUR TALUKA VIDYAVARDHAK Vs. VEERAPPA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged impugned order dtd. 19/2/2020 (Annexure-A) passed by the Principal District and Sessions Judge, Haveri, in M.A.(E.A.T) No.01/2008, allowing the petition filed by the 1st respondent - employee.

(2.) Brief facts in nut shell are that, the respondent, while working as Head Master in Shaha Narayanaji Khanji Primary School, run by the petitioner Management, received the communication from the petitioner Management, whereby, certain charges have been leveled against the 1st respondent herein. Thereafter, enquiry was conducted and the Enquiry Officer found that the charges leveled against the respondent are proved and accordingly, the petitioner Management, dismissed the 1st respondent from service on 14/1/2008. Being aggrieved by the same, the 1st respondent has filed M.A.(EAT) No.1/2008, before the District Judge and Educational Appellate Tribunal, Haveri and the Tribunal by its order dtd. 19/3/2010, dismissed the appeal filed by the respondent herein vide Annexure-H. Feeling aggrieved by the same, the 1st respondent herein has filed W.P.No.66490/2011 before this Court and this Court by order dtd. 27/4/2016, allowed the writ petition and remanded the matter to the Tribunal for fresh consideration after affording fair opportunity to the 1st respondent herein. Pursuant to order passed by this Court, the Tribunal, reheard the matter afresh and passed impugned order dtd. 19/2/2020 (Annexure-A), allowing the appeal and being aggrieved by the same, the petitioner Management has presented this writ petition.

(3.) I have heard Sri. Sunil S. Desai, learned counsel appearing for the petitioner Management, Sri.Anant P. Savadi, learned counsel appearing for the 1st respondent - delinquent and Sri. M. H. Patil, learned Additional Government Advocate for the 2nd respondent State.