ANJUMAN-E-ISLAM Vs. CHANDASAB RAJESAB BAGAWAN
LAWS(KAR)-2022-10-109
HIGH COURT OF KARNATAKA
Decided on October 12,2022

ANJUMAN-E-ISLAM Appellant
VERSUS
Chandasab Rajesab Bagawan Respondents

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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