IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRI PETITION No.50701/2019 (EDN – RES) BETWEEN :
SRI T.AMARSINGH S/O N.TAKOOR SINGH, AGED ABOUT 57 YEARS, SECRETARY, SRI BHUVANESHWARI VIDYA SAMSTHE (R), KALKERE, TIPTUR TALUK, TUMAKURU DISTRICT-572202 ...PETITIONER (BY SRI R.RAMACHANDRAIAH, ADV.) AND :
1 . THE UNDER SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (HIGH SCHOOL), M.S.BUILDING, BENGALURU-560001 2 . THE COMMISSIONER DEPARTMENT OF PUBLIC EDUCATION, NRUPATHUNGA ROAD, BENGALURU-560001 3 . THE DIRECTOR (HIGH SCHOOL) DEPARTMENT OF PUBLIC EDUCATION, NRUPATHUNGA ROAD, BENGALURU-560001 4 . THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, TUMAKURU-572102 5 . THE DEPUTY DIRECTOR OF PUBLIC EDUCATION TUMAKURU-572102 6 . THE BLOCK EDUCATIONAL OFFICER (B.E.O. OFFICE) TIPTUR TALUK, TUMAKURU DISTRICT-572201 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.10.2019, UNDER SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT VIDE ANNEXURE-E PASSED BY THE R-1 BY ISSUE OF WRIT OF CERTIORARO.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order dated 18.10.2019 passed by the respondent No.1 appointing a Special Officer under Section 67(1) of the Karnataka Education Act, 1983 to the Institution - Bhuvaneshwari Vidya Samsthe.
2. The petitioner claims to be a Society registered under the Karnataka Societies Registration Act, 1960 and is said to have established the School – Bhuvaneshwari Vidya Samsthe High School at Kalkete, Tipaturu Taluk, Tumakuru District.
3. It is submitted that one Sri.T. Rangaramu working as Head Master in the Bhuvaneshwari Vidya Samsthe was suspended from the service regarding misuse of money and mis-utilization of the duties and responsibilities. The Commissioner of Education has approved the suspension. The Management was required to conduct an enquiry. However, the said suspended employee is not co-operating with the enquiry. It is submitted that for the reason of not concluding the enquiry, the order impugned has been passed by the respondent No.1 appointing a Special Officer.
4. Learned counsel Sri. Ramachandraiah appearing for the petitioner would submit that there is no negligence or want of bonafides on the part of the Management in concluding the enquiry of the suspended employee Sri. T. Rangaramu, but due to the non co-operation of the said employee, the enquiry was adjourned from time to time, however within a time frame the enquiry shall be concluded and the report will be submitted before the respondent Authorities.
5. Learned AGA would submit that despite providing reasonable opportunity to the petitioner to conclude the enquiry, on one or the other pretext, the same is prolonged in order to favour the suspended employee. In order to set right the same, a Special Officer has been appointed in accordance with law.
6. Having heard the rival contentions of the learned counsel for the parties, this Court is of the considered view that the interest of justice would be sub-served in directing the petitioner to conclude the enquiry of suspended employee Sri.T. Rangaramu, who was working as the Head Master of Bhuvaneshwari Vidya Samsthe, within a period of one month from today and to submit the enquiry report before the respondent Authorities in accordance with law. If the compliance is not made by the petitioner as aforesaid, the order impugned shall revive.
Accordingly, the order impugned dated * 18.10.2019 at Annexure-E is quashed subject to compliance of the aforesaid directions.
It is needless to observe that respondent Nos.5 and 6 shall make an endeavour for compliance of the order by the petitioner strictly adhering to the Act and Rules.
Writ petition stands disposed of accordingly.
Sd/- JUDGE Dvr:
* corrected vide court order dated 16.01.2020.