Karnataka High Court
Mrs Violet Mascarenhas W/O Mr William ... vs Nitk English Medium School Trust (Regd) on 22 March, 2013
Bench: K.L.Manjunath, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 22nd DAY OF MARCH 2013
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT APPEAL NO.4065 OF 2012 (S-DE)
BETWEEN:
Mrs. Violet Mascarenhas,
W/o. Mr.William Mascarenhas,
Aged about 55 years,
Headmistress / Principal,
NITK English Medium High School,
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District and
Residing at: 'Bonito Manor',
Surathkal - Bajpe Road,
Surathkal - 575 014,
D.K. District ... APPELLANT
(By M/s.Subharao & Co. and
Mr.Narayana Bhat, Advocate)
2
AND:
1. NITK English Medium School
Trust (Regd.)
Represented by its Secretary,
NITK Campus,
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District
2. The President,
NITK English Medium School
Trust (Regd.),
NITK Campus,
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District
3. The Correspondent
NITK English Medium School
Trust (Regd.),
NITK Campus,
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District
4. Dr.Sandeep Sancheti
Director, i/c, NITK and
President, NITK School Trust,
Surathkal - 585 025
5. Dr.M. Govindaraj,
Registrar of NITK and Correspondent
Of NITK English Medium School Trust,
NITK Campus, Srinivasanagar,
3
Surathkal - 575 025
Dakshina Kannada District
6. Prof. A.O. Surendranathan,
Secretary, NITK English
Medium High School
Trust (Regd.)
NITK Campus,
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District
7. Sri. Surapaiah Karnik,
Father's name not known to the
Petitioner,
Residing at Door No.12-53/7,
'Sumukha', Thadambail,
Near Surathkal Telephone
Exchange, Suratkal - 575 025
8. Sri. Sunil Kumar,
Principal,
NITK English Medium High School
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District
9. The National Institute of
Technology Karnataka,
Srinivasanagar,
Surathkal - 575 025
Dakshina Kannada District
... RESPONDENTS
4
(By Sri.Nataraj Ballal and
Sri.Yashodar Shetty, Advocates
For M/s.Acara Law Chambers for C/R1)
*****
This Writ Appeal filed under Section-4 of the
Karnataka High Court Act praying to set aside the order
passed in the Writ Petition No.6122/2012, dated
22.06.2012
This Writ Appeal coming on for Orders this day,
K.L.Manjunath J., delivered the following:-
JUDGMENT
The only dispute in this appeal is as to - who is competent to issue the charge-sheet against the appellant? According to the appellant-Board , it directed the Director to issue the charge-sheet. But contrary to the directions of the Board, charge-sheet has been issued by the Secretary. Contending that the Secretary is competent to issue charge-sheet, writ petition was filed and the same has been rejected by the Learned Single Judge by an order dated 22.06.2012. Challenging the legality and correctness of the order of the Writ Petition 5 No.6122/2012, dated 22.06.2012, the present appeal is filed.
2. Having heard the counsel for the parties, we are of the view that no purpose would be served in entertaining this appeal. Because, whether the Secretary is competent to issue the charge-sheet or the Director, can be considered by the Disciplinary Authority at the time of considering the case on merits and in accordance with Law. If any action has to be initiated against the appellant, even if it is ultimately held that the Secretary was competent this point can be raised by the appellant before the appellate authority or before the competent authority. 6
3. With the above observations, the writ appeal is disposed off.
Sd/-
JUDGE Sd/-
JUDGE JJ