Karnataka High Court
B.V. Krishnaveni W/O. R. Mohanraju vs The Management Of Sri Taralabalu ... on 26 September, 2007
Equivalent citations: 2008 LAB. I. C. (NOC) 200 (KAR.) = 2008 (1) AIR KAR R 23, 2008 (1) AIR KAR R 23
Author: D.V. Shylendra Kumar
Bench: D.V. Shylendra Kumar
ORDER D.V. Shylendra Kumar, J.
Page 1950
1. Writ petition by a person who was working as a 'Teacher' in a private aided educational institution who it appears suffered an order of dismissal in terms of the order dated 18.2.2002 passed by the Page 1951 respondent No. 1 -Management of Sri Taralabalu Jagadguru Education Society (Regd.,), Sirigere, Chitradurga District and which order had been questioned by the petitioner by filing an appeal under Section 94 of the Karnataka Education Act, 1983 (for short 'the Act') before the Educational Appellate Tribunal at Chitradurga, but the appeal having been declined to be considered by the tribunal on the premise that it has no jurisdiction to entertain the appeal as the petitioner was not serving within the territorial jurisdiction of the tribunal and having returned the memorandum of appeal to the petitioner to be presented before the appellate tribunal having jurisdiction, the present writ petition questioning the validity of the order dated 10.12.2004 passed by the District Judge at Chitradurga acting as Educational Appellate Tribunal under the Act.
2. The Tribunal suo mottu framed the issue regarding jurisdiction, being of the impression that the petitioner was working at a school run by the respondent No. 1 - Management located at Dodda Aladamara High School, Chunchanakuppe, Bangalore and though she was transferred to Maganur Basappa High School, Belavanur in Davanagere District; she having not worked in any position within the jurisdiction of the appellate tribunal, the tribunal cannot entertain an appeal against the order of termination dated 13.2.2002 passed by the respondent No. 1 - Management for the reason that she had remained unauthorizedly absent from work at Maganur Basappa High School, Belavanur in Davanagere District and therefore directed return of the appeal papers to be presented before the appellate tribunal having proper jurisdiction.
3. Writ averments while indicate that the petitioner in fact on being transferred from Dodda Aladamara High School, Chunchanakuppe, Bangalore had reported to duty at Maganur Basappa High School, Belavanur, Davanagere District but was not able to attend to her work regularly due to her ill health, the tribunal appears to have formed an impression that she has never worked at Maganur Basappa High School, Belavanur in Davanagere District. While this could constitute a disputed question of fact which if at all was required to be properly verified by the tribunal, the tribunal could not have assumed this fact against the petitioner.
4. On the other hand, the statement of objections filed by the respondent No. 1 - Management does indicate in paragraph 3 that the petitioner after reporting to duty at Belavanur worked only for four days but thereafter went on applying for leave on medical grounds.
5. The order passed by the Management being an order of dismissal for the specific reason that the petitioner was unauthorisedly absent at its school i.e., Maganur Basappa High School, Delavamir in Davanagere District, it is deemed that she was serving only at this school and it is not the function of the tribunal to embark on an inquiry as to whether the petitioner actually worked there or not and therefore the subject matter was not within its jurisdiction.
Page 1952
6. I have heard Sri. Khureshi, learned Additional Government Advocate appearing on behalf of the respondent No. 2 - Deputy Director who submits that at the time the order of dismissal was passed by the respondent No. 1 Management, it is only on the premise that the petitioner while working at Maganur Basappa High School, Belavanur in Davanagere District had remained absent unauthorizedly.
7. If such is the basis for passing the order of dismissal on the petitioner, it is obvious that it is an order which the petitioner has suffered for her work as a teacher at Maganur Basappa High School, Belavanur in Davanagere District which is located within the jurisdiction of the tribunal at Chitradurga.
8. In the light of this position, the impugned order dated 10.12.2004 passed by the Principal District Judge & Member - Educational Appellate Tribunal, Chitradurga [copy at Annexure - A] is clearly unsustainable in law which is quashed by issue of a writ of certiorari.
9. The tribunal is directed to hear the appeal on merits. Petitioner permitted to re-present the appeal within a period of 30 days from today and on such re-presentation of the appeal papers, the tribunal to proceed from the stage at which the impugned order came to be passed.
10. Writ petition allowed as indicated above.
11. Rule issued and made absolute.