MALNAD TECHNICAL EDUCATIONAL SOCIETY Vs. Y R PURSHOTHAM

JUDGEMENT

(1.) THIS writ petition by the employer of the respondent is for quashing the order it had suffered at the hands of the Principal District Judge at Hassan dated 4-4-2006 in E. A. T. M. A. No. 1/2004. The appeal which the respondent had preferred against the petitioner-employer was against the order of dismissal/termination of his post by the employer on 2-1-2004.

(2.) THE termination order dated 2-1-2004 itself has an history and it is the result of an enquiry that had begun on 26-6-2002; that even before the commencement of the enquiry, the employee has been asked to go on leave without salary and that matter had been made subject-matter of appeal No. 3/2001 before the Authority by the employee and the employer had questioned the maintainability of said appeal and the authority, holding that it has jurisdiction to entertain the matter. Questioning this order the employer had approached this Court by filing W. P. No. 5208/2002. The writ petition ended with the order dated 6-1-2003 indicating therein that the learned counsel for the employer-petitioner herein had in deference to the suggestion made by this Court submitted before the Court that the employee had been taken to duty. The copy of the order dated 6-1-2003 is at Annexure-E to the writ petition. So far as the salary for the period was concerned, the employee was given liberty to represent to the management and the management to consider the same etc. It appears, thereafter, petitioner-management had settled salary of the employee up to end of March-2003 though it is complained by the respondent appearing in person that it was without the periodical increments.

(3.) BE that as it may, the facts not in dispute are that the enquiry which had been stalled till then, gained momentum and a report was submitted as on 6-5-2005 the copy of which is produced at Annexure-G to the writ petition. Thereafter, followed an order of termination dated 2-1-2004 the copy of which is furnished at Annexure-J. The copy of the enquiry report was furnished to employee on 11-11-2003 and it is thereafter that an order of termination was passed and against this order the employee filed appeal in EATMA. No. 1/2004 urging several grounds.