RAMESHWARA EDUCATION Vs. DIRECTORATE OF EMPLOYMENT

JUDGEMENT

(1.) THE vexed question that arises for our consideration in the above appeal is - Whether an employee working in the aided Industrial Training Institute governed under the provisions of the Karnataka Education Act, 1983 (for short, the Act) and the Karnataka private Educational Institutions (Discipline and Control) Rules, 1978 (for short, the Rules) could be placed under suspension pending enquiry beyond the statutory period of six months prescribed under Section 92 (3) (b) of the act and what would be the consequential effect with reference to the settlement of salary payable to such employee?

(2.) THE brief and relevant facts which led this Court to decide the above question of law are stated hereunder:

(3.) AT this juncture, it is worthwhile to point out that there is apparent inaction on the part of the Competent Authority which compelled the management to approach this Court in Writ Petition No. 29547/2004 as early as on 19. 7. 2004 requiring this Court to issue a direction to the competent Authority to pass orders on the representation of the management made on 13. 5. 2004. Consequent to the approval dated 13. 8. 2007, the appellant-Management, by proceedings dated 10. 9. 2007 removed the 3rd respondent-employee from service, of course, with retrospective effect from 3. 5. 2004 viz. , when the management proposed to remove the 3rd respondent from service. Delay in passing the order of dismissal is purely attributable to the Competent Authority- 1st respondent between 13. 5. 2004 till 13. 8. 2007, because, without such approval the management-Appellant could not have removed the 3rd respondent from service as referred to above.