JEEVAGAN, B E , (ELECTRONICS) M I S T E, S/O LATE K DORAISWAMY Vs. CHAIRMAN, GOVERNING COUNCIL M E I POLYTECHNIC

JUDGEMENT

(1.) The petitioner was appointed as a lecturer on 13.09.1984 in the respondents'-Institution and he was promoted as Head of the Department, Telecommunication (E&C) w.e.f. 06.09.1990 as per the office order dated 06.09.1990 at Annexure-D. Respondent No.1 has obtained prior permission as required under Rule 8 vide order No.ED49 UPC 85 dated 22.12.1986 for promotion of petitioner from respondent No.3 as per Annexure-D.

(2.) It is submitted that one Sri. A.M. Basavarajappa who was working as a lecturer in respondents'-Institution, had left the college without there being any resignation etc. and the same was communicated to respondent No.3 vide letter dated 10.10.1994 by the Department of Social Welfare, Government of Karnataka. As things stood thus, respondent No.1 framed charges on 12.10.1995 at Annexure-G against the petitioner alleging that he has disobeyed the direction issued by the Management in not allotting the teaching work to Sri. A.M.Basavarajappa, lecturer and that he has tampered the official documents like Attendance Register of staff members, by scratching the name of the said lecturer and by recording his comments and objections against the name of the said lecturer, which is unwarranted and highly irregular and that he has also recorded objection for the promotion of Sri.B.Krishnappa without being any locus-standi. The charge sheet was issued directing the petitioner to submit his explanation and accordingly he has given his reply on 16.11.1995. Respondent No.1 being not satisfied with the reply submitted by the petitioner, initiated departmental enquiry against him and appointed an Enquiry Officer to conduct enquiry and charges are held to have been proved during the course of enquiry. On the basis of the same, enquiry report was submitted. In the 69th General Council Meeting held on 26.08.1999 it was resolved to remove the petitioner from his service. Accordingly, in 70th General Council Meeting held on 29.11.1999, petitioner was removed from his service resolving that the said termination of service shall not be a disqualification for his future appointment.

(3.) The petitioner had approached the Education Appellate Tribunal in MA (EAT) No.12/2006 before the III Additional City Civil and Sessions Judge, Bengaluru challenging the order of his removal from service. The Appellate Tribunal by its order dated 29.03.2014, dismissed the appeal of the petitioner against which the present petition is filed.