Case Note & Summary
The petitioner, Hebbalappa Havalappa Hiremani, was employed as Principal of Smt. Giraja Mahila Pre-University College, Sindhanur, run by the respondent-Society, from 1994. A disciplinary enquiry was initiated against him on ten charges relating to misappropriation of monies and highhandedness under Rule 17 of the Karnataka Private Educational Institutions (Discipline and Control) Rules 1978. An Enquiry Officer was appointed who submitted a report confirming the delinquency. Based on this report, the respondent terminated the petitioner's services. The petitioner challenged the termination by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash the judgment and award of the Principal District Judge at Raichur in EAT 2/2004 dated 25.08.2009, and a writ of mandamus for reinstatement with consequential benefits. The court found that the Enquiry Officer's report was not supplied to the petitioner before the punishment was imposed, which is a fundamental violation of the principles of natural justice. The court held that the disciplinary proceedings were vitiated and set aside the termination order. The court directed the respondent to reinstate the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement, within three months. The writ petition was allowed in part.
Headnote
A) Service Law - Disciplinary Enquiry - Natural Justice - Rule 17 of Karnataka Private Educational Institutions (Discipline and Control) Rules 1978 - Petitioner, a Principal, was terminated after an enquiry into ten charges of misappropriation - The Enquiry Officer submitted a report confirming delinquency, but the report was not supplied to the petitioner before imposing punishment - Held that non-supply of enquiry report vitiates the disciplinary proceedings as it violates principles of natural justice (Paras 1-5).
Issue of Consideration
Whether the disciplinary enquiry and termination order passed against the petitioner were in compliance with principles of natural justice and Rule 17 of the Karnataka Private Educational Institutions (Discipline and Control) Rules 1978.
Final Decision
The writ petition is allowed in part. The impugned judgment and award dated 25.08.2009 in EAT 2/2004 passed by the Principal District Judge at Raichur is quashed. The respondent is directed to reinstate the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement, within three months.
Law Points
- Natural justice
- Enquiry report must be supplied
- Opportunity of hearing
- Rule 17 Karnataka Private Educational Institutions (Discipline and Control) Rules 1978
- Writ of certiorari
- Reinstatement with back wages
