Whether the evidence establishes that the appellant had misbehaved on 18.1.87 and as to whether he had indulged in physical assault upon the Principal?
Before the Tribunal, the State of Karnataka as also the Director of Collegiate Education were impleaded as parties.
An appeal was preferred by him before the Educational Appellate Tribunal for short, the Tribunal in terms of Section 8 of the said Act.
While deciding the preliminary issue, it was held that the departmental proceeding was invalid in law.
The Respondent No.3 is a teacher.
The Tribunal having regard to the pleading of the parties formulated the following questions for its determination Whether the respondents 1 and 2 have proved by acceptable evidence that allegation that the appellant had absented from duty unauthorisedly and as to whether his companyduct was unbecoming of lecturer ?
Both the Respondent No.3 and the Principal of the College having been found guilty, it was argued, it was obligatory on the part of the Management to initiate a departmental proceeding also against the Principal.
He was found guilty of the said charge and dismissed from service.
The said institution is under the management of the Appellant No.1.
The Appellants, therefore, adduced evidences before the Tribunal to prove the charges against Respondent No.3.
He was found guilty by the Tribunal.
The Respondent No.3 herein was subjected to a disciplinary proceeding on an allegation that he had assaulted the Principal of Appellant No.2 with a chappal.
The proceeding before the said Tribunal by a legal fiction is treated to be a judicial proceeding.
Aggrieved, the Management, the State of Karnataka also the Respondent No.3 preferred separate writ petitions before the Karnataka High Court.
The said Tribunal is companystituted in terms of Section 10 thereof.
A preliminary issue was framed as to whether the departmental proceedings held against the Respondent No.3 was in companysonance with the provisions of Rule 14 2 of CCS CCA Rules.
The private institutions in the State of Karnataka are governed by the Karnataka Private Educational Institutions Discipline and Control Act, 1975, for short, the Act .
He was charge sheeted for companymission of a serious offence.
It is number in dispute that the Appellant No.2 received grant in aid from the State of Karnataka in terms of the Grant in Aid Code framed by the Karnataka Collegiate Education Department.
W I TH CIVIL APPEAL NOS.2555 2557 OF2003 B. SINHA, J One Venkappa Gowda, Respondent No.3 herein, was at all material times a lecturer in Kuvempu Mahavidyalaya, the Appellant No.2 herein.
