MANAGEMENT OF SRI SIDDAGANGA TRAINING COLLEGE Vs. SHIVANNA

JUDGEMENT

(1.) By impugned order, dated 11th December 1981, second respondent has set aside the order made by petitioner on 30-9-1975 dismissing first respondent from service.

(2.) Main contention of Sri B. Veerabhadrappa, Learned Counsel for petitioner, is that Educational Appellate Tribunal (hereinafter referred to as the 'Tribunal') instead of setting aside entire order, should have recorded a preliminary finding as to whether there were any irregularities in the conduct of enquiry and/or whether enquiry is vitiated due to non-compliance of rules governing conduct of enquiry or principles of natural justice. It is only after recording a preliminary finding regarding such irregularity, management could have been called upon to establish charges and employee could have been called upon to disprove the same.

(3.) Relevant portion of finding of Tribunal reads thus :-