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CASE NO.: Appeal (civil)  5205 of 2003

PETITIONER: Secretary, Sree Ujjini, J.S.V.V. Sangha                          

RESPONDENT: Vs. R.H.M. Channabasava Swamy                          

DATE OF JUDGMENT: 25/07/2003

BENCH: K.G. Balakrishnan & P.Venkatarama Reddi.

JUDGMENT:

J U D G M E N T

(Arising out of SLP(Civil) No. 2603/2002)

K.G. BALAKRISHNAN, J.

       Leave granted.

       This appeal is preferred against the Judgment of the learned Single Judge  of the High Court of Karnataka in Civil Revision Petition No. 4278/98.   An Order  of the Education Tribunal was challenged before the learned Single Judge and  the same was set aside and hence this appeal by way of special leave.

       The respondent was employed as a teacher in a school owned and  managed by the appellant.  An order was passed against the respondent  terminating his service w.e.f. 21.8.1981.  According to the appellant, the  respondent was then working on probation, though the respondent alleged that  his probation period was already over.  The appellant had also contended that  the respondent teacher had offered his resignation voluntarily and his resignation  was accepted.      The Tribunal came to the conclusion that the termination of the  services of the respondent, without there being a valid inquiry was not proper and  therefore, the termination of service of the respondent was set aside and he was  ordered to be reinstated to the post of ’Teacher’ with full back wages from the  date of his termination.

       The learned Single Judge before whom the matter came up for  consideration held that once the Tribunal had come to a conclusion that no  proper inquiry had been conducted in accordance with law, the matter should  have been remitted back to an Inquiry Committee to decide the issue.  The  learned Single Judge, therefore, framed certain issues and appointed a District  Judge(Retd.) as Chairman of the Inquiry Committee.  One representative each  from the appellant side and the respondent side were directed to be included in  the Inquiry Committee and the Committee was directed to complete the inquiry  within a period of six months. It was also directed that dismissal should be  treated as suspension and suspension allowance shall be paid in accordance  with law.

       The order of the learned Single Judge is challenged before us.

 We heard both sides.  Having regard to the facts and circumstances of  the case, we do not think that the learned Single judge erred in remitting the  matter for further inquiry.  However, we feel that the appointment of the  committee is not necessary for the purpose.  The District Judge (Retd.)  appointed by the High Court can very well conduct the inquiry as Inquiry Officer.  The appellant shall pay a sum at the rate of Rs. 500/- per sitting to the Inquiry  Officer apart from other incidental expenses.  The Inquiry shall be completed

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within a period of six months.   The Respondent shall be deemed to be under  suspension pending such enquiry.

Subject to the above modifications of the order passed by the learned  Single Judge, the appeal is dismissed, without any order as to costs.