Writ Petition No. 36465 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:12525 WP No. 36465 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36465 OF 2024 (EDN-RES) …PETITIONER BETWEEN: MRS. ROSE MARY OLAGUNDI AGED ABOUT 48 YEARS W/O SUNIL ISAAC SAMUEL R/AT NO.9, SHAMAA 1ST FLOOR, OPP PARK CB NAGARA, KOLAR KOLAR, KARNATAKA- 563101 (BY SRI. GIRISH KUMAR, ADVOCATE) AND: 1. ELLEN THOBURN COWEN MEMORIAL HOSPITAL BOARD PO BOX NO. 4, KOLAR - 563 101. REPRESENTED BY ITS SECRETARY 2. THE CHAIRMAN ELLEN THOBURN COWEN, MEMORIAL HOSPITAL BOARD, PO BOX NO. 4, KOLAR - 563 101. 3. SCHOOL/ COLLEGE OF NURSING ELLEN THOBURN COWEN MEMORIAL HOSPITAL PO BOX NO. 4, KOLAR - 563 101. REPRESENTED BY ITS PRINCIPAL. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12525 WP No. 36465 of 2024 4. BISHOP N.L.KARKARE BANGALORE REGIONAL CONFERENCE OF METHODIST CHURCH IN INDIA NO.3, RHENIUS STREET, RICHMOND TOWN, BANGALORE-560 025. 5. P. SHANTHA KUMAR ADMINISTRATOR PO BOX NO. 4, KOLAR - 563 101. 6. DR HARISH KUMAR AR PRINCIPAL SCHOOL/COLLEGE OF NURSING. ELLEN THOBURN COWEN MEMORIAL HOSPITAL PO BOX NO. 4, KOLAR - 563 101. …RESPONDENTS
Legal Reasoning
(BY SRI. S.B. TOTAD, ADVOCATE AND SRI. SUDHEER K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 01.10.2024 PASSED BY THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE AND EDUCATION APPELLATE TRIBUNAL, AT KOLAR IN MA(EAT) 1/2024 AT ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:12525 WP No. 36465 of 2024 ORAL ORDER This petition by the appellant in MA(EAT) 1/2024 on the file of the Principal District and Sessions Judge and Education Appellate Tribunal, Kolar is directed against the impugned order dated 01.10.2024 whereby the application I.A.No.5 filed by the respondents to dismiss the appeal as not maintainable was allowed by the Appellate Tribunal which proceeded to dismiss the appeal filed by the petitioner as not maintainable. 2. I have heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record would indicate that on 29.09.2022, the respondent No.2 issued a show cause notice initiating enquiry against the petitioner under Section 92 of the Karnataka Education Act, 1983 (for short 'the said Act'). In the said show cause notice, the respondent No.2 also placed the petitioner under suspension and the petitioner after having allegedly - 4 - NC: 2025:KHC:12525 WP No. 36465 of 2024 replied to the said show cause notice filed an appeal on 30.01.2024 under Section 94 of the said Act challenging the aforesaid show cause notice cum suspension order passed against her. The said appeal was contested by the respondents who filed an application I.A.No.5 seeking dismissal of the appeal as not maintainable. The said application having been opposed by the petitioner, the Appellate Tribunal proceeded to pass the impugned order allowing the application and dismissing the appeal as not maintainable. Aggrieved by the impugned order passed by the Appellate Tribunal, the petitioner is before this Court by way of present petition. 4. In addition to reiterating to the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the provisions contained in Section 92 of the said Act in order to point out that Section 92(3)(b) contemplates that the maximum period of suspension is only 6 months and in the absence of any - 5 - NC: 2025:KHC:12525 WP No. 36465 of 2024 extension of the said period by the respondents, the respondents not justified in preventing the petitioner from getting reinstated and continuing to work which would amount to termination/removal from service which would be appealable under Section 94 of the said Act. It is submitted that not-withstanding the fact that the show cause notice/suspension order impugned in the appeal before the Appellate Tribunal was issued on 29.09.2022, the appeal preferred by the petitioner on 30.01.2024 beyond the period of 6 months was perfectly maintainable since the petitioner was neither reinstated nor the suspension order extended thereby preventing her from working under the respondents which would tantamount to removal from service and consequently, the Appellate Tribunal committed an error in allowing the application and dismissing the appeal as not maintainable. It is also submitted that there are several contentious issues and disputed questions of law and fact that would arise for consideration in the appeal which would necessarily having been heard on merits and on this ground also the Tribunal - 6 - NC: 2025:KHC:12525 WP No. 36465 of 2024 committed an error in summarily dismissing the appeal as not maintainable thereby warranting interference in the main petition. 5. In support of his contentions, the learned counsel for the petitioner placed reliance on the judgment of this Court in N.Dasegowda vs. The Secretary, Dr.Ambedkar Education Society in Writ Appeal No.1716/2008 (S-Dis). 6. Per contra learned counsel for the respondents submits that what was impugned in the appeal was a mere show cause notice cum suspension order which is not appealable under Section 94 of the said Act. It is submitted that the remedy available to the petitioner is an appeal before the Appellate Authority under Section 130 of the said Act, 1983 or a revision petition before the State Government under Section 131 of the said Act of 1983 and the appeal filed by the petitioner before the Appellate Tribunal was not maintainable and the Tribunal correctly allowed I.A.No.5 and dismissed the appeal by passing the - 7 - NC: 2025:KHC:12525 WP No. 36465 of 2024 impugned order which does not warrant interference in the present petition. 7. In support of the submission, he placed reliance on the following judgments: (i) Smt.Muthubai vs. Manjula Makkala Kendra Kannada Senior reported in ILR (2005) KAR 1512. (ii) Management of M.S.Ramaiah Medical College and Hospital vs. Dr.m.Somashekar reported in ILR (2004) KAR 37. 8. A perusal of the material on record including the aforesaid submission indicates that there are several contentious issues and disputed questions of law and fact that would arise for consideration between the appellant and the respondents in the appeal in MA (EAT) 1/2024 before the Appellate Tribunal. 9. Under these circumstances, having regard to the various contentions urged by both the sides on all aspects of the matter including maintainability/non- - 8 - NC: 2025:KHC:12525 WP No. 36465 of 2024 maintainability of the appeal, the Tribunal clearly fell in error in summarily dismissing the appeal without hearing the appeal on merits by deciding all rival contentions including maintainability at the time of final disposal of the appeal. 10. Consequently, without expressing any opinion on the merits/demerits of the rival contentions and in order to provide an opportunity to both sides to put forth their respective contentions on merits before the Appellate Tribunal, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Appellate Tribunal for reconsideration on merits in accordance with law within the stipulated time.
Decision
11. In the result the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 01.10.2024 passed by the Principal District and - 9 - NC: 2025:KHC:12525 WP No. 36465 of 2024 Sessions Judge and Education Appellate Tribunal, Kolar in MA (EAT) 1/2024 at Annexure-A is set aside. (iii) The matter is remitted back to the Principal District and Sessions Judge and Education Appellate Tribunal, Kolar for reconsideration afresh on merits in accordance with law. (iv) I.A.No.5 filed by the respondent stand disposed of by directing the Appellate Tribunal to consider all the rival contentions urged in I.A.No.5 and statement of objections along with the main appeal. (v) The petitioner and respondents are directed to appeal before the Appellate Tribunal on 21.04.2025 without awaiting further notice from the Appellate Tribunal. (vi) The Appellate Tribunal shall dispose of the main appeal on merits including maintainability etc., after providing sufficient and reasonable opportunity to both parties within a period of 3 months from 21.04.2025. - 10 - NC: 2025:KHC:12525 WP No. 36465 of 2024 (vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM, List No.: 1 Sl No.: 25