W.P. under Article 227 to quash Karnataka Admin. Tribunal order reinstating a teacher dismissed for unauthorized absence. HC upheld Tribunal excluding contradictory departmental orders but granted liberty to continue enquiry.
Petition dismissed with liberty to proceed with departmental enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2019
PRESENT
THE HON’BLE MR.JUSTICE ALOK ARADHE
AND
THE HON’BLE MR.JUSTICE P.G.M. PATIL
W.P.NO.106130 OF 2018 (S-KAT)
BETWEEN
... PETITIONERS (BY SRI. G.K.HIREGOUDAR, GOVERNMENT ADVOCATE)
AND
SMT.KALPANA L. PRABU, D/O LAKSHMANA PRABU, AGED ABOUT 45 YEARS, SECONDARY SCHOOL ASSISTANT TEACHER,
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(NOW UNDER ORDER OF TERMINATION), R/O HOUSE NO.220, "GUNJAL HOUSE", MANJUNATH NAGAR, HUBLI.
...RESPONDENT
(BY SRI. MANOHAR V.NAYAK AND SRI CHANDRASHEKHAR R.HIREMATH, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.12.2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.3102/2011 (ANNEXURE-B TO THE WRIT PETITION) AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ALOK ARADHE, J, MADE THE FOLLOWING:
ORDER
Sri G.K. Hiregoudar, learned Government Advocate
for the petitioners.
3. Heard on the question of admission.
Constitution of India, the petitioners have assailed the validity of the order dated 4th December 2017 passed by the Karnataka Administrative Tribunal at Bengaluru.
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petitioners submitted that the Tribunal ought to have appreciated that the respondent was unauthorisedly absence and therefore, her services were rightly terminated.
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rightly held that passing contradictory orders in a short span of two weeks is not permissible and no justification has been offered for passing such contradictory orders.
Sd/-
JUDGE
Sd/JUDGE
Kms
3 issues framed by the court
Whether the High Court should interfere with the Karnataka Administrative Tribunal order reinstating the respondent teacher.
Whether the Tribunal correctly observed that passing contradictory orders in two weeks without justification is impermissible.
Whether the petitioners be granted liberty to proceed with the departmental enquiry against the respondent.
Secretary to Govt., Department of Education, M.S.Building, Bengaluru-01 and others
Smt. Kalpana L. Prabu
Alok Aradhe
P.G.M. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
