KARNATAKA RASHTRIYA EDUCATION SOCIETY, BIHAR Vs. THE EDUCATIONAL APPELLATE TRIBUNAL (DISTRICT JUDGE) BIHAR AND ORS.

JUDGEMENT

(1.) These five writ petitions are by Karnataka Rashtriya Education Society, Bihar, praying for quashing the order of the Educational Appellate Tribunal, Bihar, allowing the appeals presented by respondents 2 to 6 under section 8 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 ('the Act' for short).

(2.) The petitions have come up in the 'orders list'. By consent of both the counsel appearing for the parties they are taken up for final hearing.

(3.) The facts, to the extent necessary for the disposal of these petitions, are as follows : Respondent-2 was the Principal of the Karnataka Arts and Science and Commerce College under the management of the petitioner. Respondents 3 to 6 were ministerial employees on the establishment of the same college. In connection with some misconduct alleged to have been committed by respondents 3 to 6, an inquiry committee was constituted by the management by its decision dated 23-4-1980 (Annexure-N). By that resolution, a committee consisting of five members was constituted, out of which two persons resigned and their resignations were accepted by the managing committee by resolution dated 20-10-1980 (Annexure-Q) and by the same resolution the remaining three members were authorised to continue the inquiry. Accordingly, the said three member committee held the inquiry and submitted their preliminary report on 15-3-1981. On the basis of the preliminary report, the inquiry committee framed charges on 17-6-1981 (Annexure-Q). After holding inquiry, a final report was submitted by the inquiry committee on 20-7-1981 (Annexure-S). The committee found that some of the charges were proved against each of the respondents as specified in the said report. The finding recorded by the committee was accepted by the management and a final order was made by it imposing the penalty of dismissal from service against each of them on 30-12-1981 (Annexure X). Aggrieved by the said order, respondents 2 to 6 preferred appeals before the Educational Appellate Tribunal and District Judge, Bihar under Sec. 8 of the Act. The learned District Judge came to the conclusion that the inquiry held against respondents 2 to 6 was bad from its inception. Before the learned District Judge a request had been made by the management that if for any reason the Court were to come to the conclusion, that the inquiry held by the inquiry held by the management was invalid, the management may be permitted to adduce evidence before the appellate authority itself which course had to be adopted in view of the judgment of this Court in - President, Golden Valley, Education Trust Vs. District Judge and Educational Appellate Tribunal, Kolar, ILR 1979 (1) Karnataka 526. The learned District Judge turned out the said request on the ground that the ratio of the said decision was inapplicable as the inquiry was found to be vitiated from its inception. Accordingly, the learned District Judge allowed the appeals, set aside the orders of dismissal and directed reinstatement of respondents 2 to 6. Aggrieved by the said order, the petitioner has presented these writ petitions.