G SOMASHEKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is questioning Annexure-Q. Pursuant to Annexure-Q the extreme penalty of compulsory retirement is handed to the petitioner.

(2.) THE petitioner during the course of his service with respondents 3 and 4 was saddled with two inquires, one inquiry resulted in the modification of the order by the appellate Tribunal and the other has resulted in a compulsory retirement.

(3.) MR. Srikanth, learned counsel appearing for the petitioner submits that the provision which was invoked for imposing the extreme penalty of compulsory retirement i.e., Rule 10 Explanation 2(vi) of the Rules was not applicable to the respondent, inasmuch as, the said rule was repealed. Hence the respondent did not have any power to compulsorily retire the petitioner. He further submits that under section 92 of the Education Act, 1983 (for short, "the Act") the maximum period of suspension is only six months and any further suspension requires authorization. That having not been done, the suspension was also bad.