Chikkanna L. , S/o Sri C. Lakkappa v. State of Karnataka By its Secretary to Government Primary and Secondary Education
2012-04-17
H.N.NAGAMOHAN DAS
body2012
DigiLaw.ai
ORDER H.N. Nagamohan Das J.—In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 06.08.2011, at Annexure-V passed by the 4th respondent. For misconduct of misappropriation of funds, articles of charges was issued, enquiry proceedings was held and by older dated 28.01.2004 the petitioner was compulsory retired from service. This order of penalty causae to be reversed by the Revisional authority vide order dated 17.08.2009 with a liberty to initiate fresh enquiry proceedings. 2. Thereafter, fresh articles of charges were issued and a retired judicial officer is appointed as an enquiry officer and the enquiry proceedings are under progress. In the enquiry proceedings the disciplinary authority permitted the petitioner to engage the lawyer to assist him in the enquiry proceedings vide order dated 23.01.2010. Now under impugned order, the disciplinary authority has withdrawn the order permitting the petitioner to engage the services of lawyer. Hence this writ petition. 3. A reading of Sub Rule 2 of Rule 21 of the Karnataka Educational Institutions (Recruitment and terms and conditions of Service of Employees in Private Aided Primary and Secondary Educational Institutions) Rules 1999, specifies that the disciplinary authority is competent to appoint an enquiry committee. Further, Sub Rule 6 Rule 21 of rules specifies that the enquiry committee may permit the delinquent to engage the service of a legal practitioner. In the circumstances, the earlier order permitting the petitioner to engage services of a legal practitioner was without authority. The disciplinary authority by realising the mistake committed by him passed the impugned order withdrawing the earlier order permitting the petitioner to engage the services of legal practitioner. I find no illegality and infirmity in the impugned order. 4. However, it is open for the petitioner to make appropriate application before the Enquiry Officer and if such application is made, then the same shall be considered in accordance with law. Accordingly, writ petition is hereby disposed off.