SIDDARTHA EDUCATION SOCIETY Vs. B.H DEVARAJU

JUDGEMENT

(1.) This writ petition is filed by the Employer challenging an order passed by the Educational Appellate Tribunal by which the Appellate Tribunal has accepted the request of the Employee and framed an additional issue as to whether he has been able to prove that there was an inordinate delay in initiating departmental enquiry.

(2.) The brief background of the facts leading to the filing of the appeal before the Tribunal is that the employee was terminated from service on 7/11/2017 and being aggrieved by the said dismissal, he had approached EAT. In the EAT, an issue was framed as to whether the enquiry conducted by the employer was fair and proper as issue No.2. An order was passed on the said issue, as against which, the employer preferred writ petition WP No.8094/2020.

(3.) This Court, by an order dtd. 27/3/2023 set aside the order passed by the Tribunal and remanded the matter to the Tribunal for fresh consideration. While passing the said order, this Court took the view that the Tribunal should consider the remaining issues and frame any additional issues if required under the facts and circumstances of the case. It however made it clear that the additional issue that was be framed should not be contrary to issue No.2 i.e., the issue regarding the fairness of the domestic enquiry.