JUDGEMENT
S.SUNIL DUTT YADAV J. -
(1.)The appellants have called in question the validity of the order of the learned Single Judge in W.P. No. 66677/2009
which was disposed of on 3/6/2022. Parties are referred to
by their ranks in the writ petition for the purpose of
convenience.
(2.)The writ petition was filed challenging the order dated 03. 11.2009 passed by the learned Principal Judge and Principal Education Appellate Tribunal, Belagavi (for short
'EAT') in EAT No. 14/2008 whereby the EAT had set aside the
order of dismissing the employee with further direction to
reinstate the employee into service with arrears of salary from
the date of his suspension till date. Learned counsel
appearing on behalf of the petitioner submits at the outset that
the order of the learned Single Judge is being challenged on
the only ground that no liberty was reserved to conduct
enquiry consequent to the setting aside of the termination.
(3.)It is noticed that the learned Single Judge after recording finding that the employee was dismissed from service without
conducting an enquiry as specified under Sec. 92 of the
Education Act rightly set aside the impugned order. The
learned Single Judge has upheld the order of setting aside of
the dismissal of the employee. Reliance is placed on the
judgment of the Apex Court in State of Uttar Pradesh Vs.
Prabhat Kumar (2022 Live Law SC 736) in support of the
contention that where the Court sets aside the order of
termination on the ground that there was no inquiry the proper
relief to be granted is to direct reinstatement of the employee
with liberty to the authority-management to proceed with the
enquiry.
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