N S NAGALAKSHMI Vs. VIDYA VARDHAKA SANGHA BANGALORE

JUDGEMENT

(1.) THE Managing Committee of Vidya Vardhaka Sangha, the first respondent herein initiated disciplinary proceedings against Smt. N. S. Nagalakshmi, the appellant herein, while she was serving as Principal of the V. V. S. Pre-University College for Women, situated in I Block, rajajinagar, Bangalore by issuing two charge memos dated 9-4-2004 and 1-7-2004.

(2.) THE validity of those charge memos was assailed by the appellant before this Court by filing Writ Petition No. 46496 of 2004, on the grounds: (i) that the Managing Committee of the first respondent is not competent to initiate disciplinary proceedings against her in terms of the provisions of the Karnataka Education Act, 1983 (for short, 'the act') and (ii) that, even assuming but not admitting that the Managing committee of the first respondent has power to initiate disciplinary proceedings against her, the Managing Committee itself ought to have framed the charges against her and since the charges are framed by the enquiry Committee, the disciplinary proceedings are vitiated.

(3.) IN addition to the above grounds raised in the writ petition, as could be seen from the order of the learned Single Judge, one more contention was raised in the course of the argument before the learned single Judge. The third contention is that the constitution of the managing Committee of the first respondent is defective and not in conformity with Section 42 of the Act. The learned Single Judge having dealt with all the three contentions in detail but not finding any merit in any of the contentions dismissed the writ petition by his order dated 22-3-2005. Hence, this writ appeal by the aggrieved petitionerdelinquent.