RAMA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a Senior Lecturer in Physics in Vijaya College which is run by respondent-3. The Management, in the first instance, terminated the services of the petitioner on the grounds stated in the order dated 17-12-1981. That order was challenged by the petitioner before the Educational Appellate Tribunal, Bangalore (hereinafter referred to as "the Tribunal"). An interim older was sought for, and it was defused by the Tribunal. There was also another Order passed by the Tribunal with which the Management also was aggrieved. Therefore, the petitioner preferred Writ Petition 10571 of 1982 against the order refusing to grant an interim stay, and the Management preferred W. P. 14333 of 1982 against another order before this Court. Those Writ Petitions were disposed of by a common order dated 11-6-1982. The relevant portion of the order is as follows :

(2.) Pursuant to the liberty reserved in the aforesaid order of this Court, the Management of the College has now initiated an enquiry against the petitioner by issuing the memo dated 20-10-1982. Thereafter, it is also not disputed that a retired District Judge has been appointed as Enquiry Officer who is stated to have held an enquiry; but he has not yet submitted his report to the Management.

(3.) In this petition, one of the reliefs sought for is to quash the notice-Annexure 'G' issued by the Enquiry Officer to the petitioner intimating him that the enquiry proceeding will be continued on 9-4-1983 at 3-00 p.m. in Room No. 45 of the College. The petitioner has also sought for issue of a direction to the Management to frame the rules relating to the Code of Conduct of its employees and for conducting a disciplinary proceeding. He has also sought for issue of a Writ in the nature of mandamus to the State Government to frame the Model rules as per Section 3 of the Karnataka Private Educational (institutions (Discipline and Control) Act, 1975 (hereinafter referred to as the 'Act'); and further to prohibit the management not to hold an enquiry against the petitioner until the Model rules are framed by the State Government.