Karnataka High Court
The President/Disciplinary Authority ... vs Arunkumar H.S. And Ors on 12 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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WA No.200091 of 2023
C/W WA No.200092 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT APPEAL NO.200091 OF 2023 (S-DIS)
C/W
WRIT APPEAL NO.200092 OF 2023 (S-RES)
IN WRIT APPEAL NO.200091 OF 2023:
BETWEEN:
1. THE PRESIDENT / DISCIPLINARY AUTHORITY
ADARSH EDUCATIONAL TRUST
S.B.H. COLONY, NEHRU GUNJ
KALABURAGI
(ADARSH EDUCATION TRUST
S.B.H.COLONY, NEHRU GUNJ
Digitally signed KALABURAGI
by SWETA
KULKARNI THROUGH ITS PRESIDENT AND
Location: DISCIPLINARY AUTHORITY
HIGH COURT
OF DR. VIJAYAKUMAR KALMANKAR
KARNATAKA NEHRU GUNJ, KALABURAGI - 585 104.
2. THE INCHARGE PRINCIPAL
PROF: P.S.CHOUDARY ITI COLLEGE
VIVEKANAND NAGAR
ALAND ROAD, KALABURAGI - 585 103.
...APPELLANTS
(BY SRI SUBRAMANYA JOIS, SENIOR COUNSEL FOR
SRI VINAYAK APTE, ADVOCATE)
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WA No.200091 of 2023
C/W WA No.200092 of 2023
AND:
1. SRI ARUNKUMAR H.S.
AGE 47 YEARS
OCC: EX. PRINCIPAL
PROF: P.S.CHOUDARY INDUSTRIAL
TRAINING INSTITUTE
R/O H.NO.7119/39A
NEAR ESHWAR TEMPLE
NEHRU GUNJ, KALABURAGI - 585 104
2. THE JOINT DIRECTOR (TRAINING)
DEPARTMENT OF EMPLOYMENT
AND TRAINING, DIVISION OFFICE
M.S.K. MILL ROAD, KALABURAGI - 585 102
3. THE COMMISSIONER
EMPLOYMENT AND TRAINING
KAUSHALYA BHAVAN
DAIRY CIRCLE
BANNERGHATTA ROAD
BENGALURU - 560 029
...RESPONDENTS
(BY SRI K.M.GHATE, ADVOCATE FOR C/R-1,
SMT. MAYA T.R., H.C.G.P. FOR R2 AND R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE FINAL ORDER DATED 23.05.2023 RENDERED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.225598/2020 (S-DIS) AND
ALLOW THE SAID WRIT PETITION WITH COSTS THROUGHOUT,
IN THE INTEREST OF JUSTICE AND EQUITY.
IN WRIT APPEAL NO.200092 OF 2023:
BETWEEN:
1. THE PRESIDENT / DISCIPLINARY AUTHORITY
ADARSH EDUCATIONAL TRUST
S.B.H. COLONY, NEHRU GUNJ
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NC: 2024:KHC-K:1463-DB
WA No.200091 of 2023
C/W WA No.200092 of 2023
KALABURAGI
(ADARSH EDUCATION TRUST
S.B.H.COLONY, NEHRU GUNJ
KALABURAGI
THROUGH ITS PRESIDENT AND
DISCIPLINARY AUTHORITY
DR. VIJAYAKUMAR KALMANKAR
NEHRU GUNJ, KALABURAGI - 585 104
2. THE INCHARGE PRINCIPAL
PROF: P.S.CHOUDARY ITI COLLEGE
VIVEKANAND NAGAR
ALAND ROAD, KALABURAGI - 585 103.
...APPELLANTS
(BY SRI SUBRAMANYA JOIS, SENIOR COUNSEL FOR
SRI VINAYAK APTE, ADVOCATE)
AND:
1. SRI ARUNKUMAR H.S.
AGE 47 YEARS
OCC: EX. PRINCIPAL
PROF: P.S.CHOUDARY INDUSTRIAL
TRAINING INSTITUTE
R/O H.NO.7119/39A
NEAR ESHWAR TEMPLE
NEHRU GUNJ, KALABURAGI - 585 104.
THE JOINT DIRECTOR (TRAINING)
2. DEPARTMENT OF EMPLOYMENT
AND TRAINING, DIVISION OFFICE
M.S.K. MILL ROAD, KALABURAGI - 585 102
3. THE COMMISSIONER
EMPLOYMENT AND TRAINING
KAUSHALYA BHAVAN
DAIRY CIRCLE
BANNERGHATTA ROAD
BENGALURU - 560 029
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R2 AND R3)
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WA No.200091 of 2023
C/W WA No.200092 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE
THE FINAL ORDER DATED 23.05.2023 RENDERED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.200136/2022 (S-RES)
AND ALLOW THE SAID WRIT PETITION WITH COSTS
THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS
DAY, B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
The dispute in these intra Court appeals is between a
Management and one of its employee, the first respondent.
It would suffice to record that the respective writ petitions in
W.P.Nos.225598/2020 and 200136/2022 are filed by the
Management and the first respondent, and the writ Court by
the impugned order dated 23.05.2023 has disposed of these
writ petitions issuing the following directions:
"Respondents 1 and 2 in W.P. no. 200136/2022 shall
reinstate the petitioner to his post immediately before
the date of his suspension.
The liberty is reserved to respondents 1 and 2 in W.P.
no. 200136/2022 and the petitioners in W.P. No.
225598/2020 to initiate fresh disciplinary action
against the appellant.
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The petitioner in W.P. no. 200136/2022 is entitled to
suspension allowance from 16.04.2012 to
28.02.2013, in accordance with the law.
In the event of disciplinary proceeding being not
initiated against the appellant/employee, 50% back
wages referred to above becomes payable to the
appellant/employee after the expiry of two months
from this day."
2. This Court on 14.07.2023, after hearing
Sri Subramanya Jois, the learned Senior Counsel for the
Management, and Sri K.M. Ghate, the learned counsel for
the first respondent, has permitted a de novo disciplinary
proceedings by an officer who did not preside over the
previous proceedings observing that such Enquiry Officer
preferably should be a Retired District Judge, and this Court
has also stipulated that the de novo proceedings shall be
completed within three months while directing the
Management not to take any decision on the report so
submitted without the leave of this Court.
3. This Court, as regards the direction to pay
subsistence allowance for the period 16.04.2012 and
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28.02.2013, has directed the Management to pay
subsistence allowance for the period between 16.04.2012
and 28.02.2013 subject to the possible orders on restitution,
and consequentially, the writ Court's contingent directions
insofar as back wages is stayed. The Management, in terms
of the liberty, has instituted the disciplinary proceedings,
and because the enquiry is not completed within the time
allowed, the Management has filed an application for
extension of time. This Court has granted such extension.
4. Sri Subramanya Jois, on the previous occasion,
had submitted a copy of the Enquiry Report in a sealed
cover for this Court's inspection. This Court, upon opening
the sealed cover and on cursory perusal of the Report, has
returned the same to the learned counsel on record for the
Management. Sri Subramanya Jois had submitted that the
primary question for consideration in these writ appeals is
whether the enquiry against the first respondent must be
under the Karnataka Civil Services (Classification,Control
and Appeal) Rules, 1957 or Karnataka Private Educational
Institutions (Discipline and Control) Rules, 1978 [for short,
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the 'Rules 1978'] but this question is rendered academic
with the turn of events, and therefore, the Management is
advised to seek leave to withdraw the appeals with liberty to
consider the present Enquiry Report in accordance with law.
5. Sri Subramanya Jois reiterates these
submissions and seeks leave to withdraw the appeals, and
the learned Senior Counsel further reiterates that there will
be no repercussions to the first respondent if the writ
appeals are withdrawn inasmuch as the present proceedings
are as directed by the writ Court and the culmination
thereof will be in strict accord with law. Sri K.M. Ghate, the
learned counsel for the first respondent, submits that he
cannot really oppose the leave to withdraw the writ appeals
but this Court must direct the Management to pay
subsistence allowance not only for the period between
16.04.2012 and 28.02.2013 but also for the subsequent
period until a decision is taken on the Enquiry Officer's
report one way or the other.
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6. Sri K.M. Ghate proposes to rely upon the
provisions of the Rules 1978 to substantiate this claim
contending that the Management must be directed to pay
subsistence allowance. Sri Subramanya Jois submits that
the Management's obligation to pay back wages, in terms of
the writ Court's order, is only if the disciplinary proceedings
under Rules 1978 are not initiated but with the leave of this
Court such disciplinary proceedings are initiated, and that if
upon consideration of the Enquiry Officer's Report, there is a
decision in favour of the first respondent, the Management
will have to necessarily consider the first respondent's
request for back wages in the light of the law applicable and
in the event the proceedings results in an order against the
first respondent, he will have to work out his remedies as
available in law.
7. It is obvious from these submissions that in view
of the turn of events, the Management should be permitted
to withdraw the appeals, and this leaves open the question
whether there must be any direction to the Management to
pay any allowance beyond what is directed by the writ
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Court. This Court is of the considered view that such
directions cannot be issued in the writ appeals filed by the
Management and this question could have been considered
if there was a separate appeal by the first respondent. As
such, there cannot be any directions in this regard to the
Management. However, this Court must observe that the
disposal of the writ appeals, granting leave to withdraw,
cannot prejudice the first respondent's rights either in the
circumstances emphasized by Sri Subramanya Jois or
otherwise. Therefore, the writ appeals, subject to
observations as aforesaid, stand dismissed as withdrawn.
Consequently, all the pending applications stand
disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;vk
