SHIVAJI HIGH SCHOOL Vs. PRABHAKAR JOTIBA BAMANE

JUDGEMENT

(1.) This appeal is directed against the order dated July 27, 1983 made by the Learned Single Judge in W.P. No. 13556/1983.

(2.) Appellant filed a Writ Petition challenging the legality of the order of the Karnataka Private Educational Appellate Tribunal, Belgaum, directing the management to pay the salary of respondent-1 in accordance with the order of the said Tribunal made in Appeal No. K.P.E.I. 16 of 1980.

(3.) The facts leading to this appeal are as follows : Prabhakar Jotiba Bamane was a teacher in the Shivaji High School at Kadoli in Belgaum Taluk & District. He was placed under suspension in contemplation of certain disciplinary proceedings with post facto sanction for suspension obtained from the Joint Director of Public Instructions as required under the provisions of the Grant-in aid Code. The said suspension was the subject-matter of an appeal before the Tribunal Constituted under the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975. The Tribunal held that the order suspending Prabhakar Jotiba Bamane was invalid for want of prior sanction of the Joint Director. It also declared that Prabhakar Jotiba Bamane was deemed to be in continuous service and entitled to salary and other benefits.