ORDER : Heard the learned counsel for the petitioner and as well as the learned Additional Government Advocate who takes notice for respondent No.1 today and the learned counsel appearing for respondent No.2. Respondent Nos.3 to 5 though served with notice, they remained unrepresented. I have Perused the records. 2. The brief factual matrix that emanate from the records are that the petitioner-People’s Education Society and Trust, Nehru Nagar, Belgaum has been running a private unaided Educational Institution in the name and style A.M.Shaikh Homeopathic Medical College and Hospital and running a degree and post graduate course in Homeopathic Sciences in Belgaum City. Respondent Nos.2 to 5 were in the employment of the petitioner-Institution in the teaching faculty holding different designations as Professors, Assistant Professors and Lecturers, etc. The petitioner-Institution found that, respondent Nos.2 to 5 were not discharging their duties for seven and half hours in a day as prescribed and the same is in violation of their service rules, deducted the salary proportionately on the ground of shortfall in working hours. Respondent Nos.2 to 5 being aggrieved by these orders of the petitioner, made representations to the petitioner and thereafter as the petitioner did not heed to their representations, they filed the appeals before the competent authority under Section 131 of the Karnataka Education Act, 1983 namely before the respondent No.1, Respondent No.1 after giving an opportunity to both the parties on the revision petitions filed by respondent Nos.2 to 5 (considered as appeals) and after hearing the objections of the petitioner, passed an order as per Annexure-B directing the Management to pay revised pay scale and as well as all other consequential benefits to respondent Nos.2 to 5 and also the amount which was deducted from the salaries of respondent Nos.2 to 5. The said order in appeal No. 352 of 2008 pertaining to respondent Nos.2 to 5 was challenged before the Secretary to Health and Family Welfare Department by way of review petitions. The Reviewing Authority has also issued an order as per Annexure-A in No.218 of 2011 dated 30.08.2011 dismissing the review petitions, the above said two orders are called in question before this Court on various grounds. 3. The Reviewing Authority has also issued an order as per Annexure-A in No.218 of 2011 dated 30.08.2011 dismissing the review petitions, the above said two orders are called in question before this Court on various grounds. 3. The first and primary ground urged before this Court which is sufficient to decide this writ petition is that, neither the Appellate Authority nor the Reviewing Authority have followed the principles of natural justice by following the prescribed procedure under the Karnataka Education Act and Rules and as well as they have not given any reasons considering the cases of the parties. 4. In this context, the learned counsel for respondent No.2, Sri.Mallikarjun S Hiremath has submitted that there need not be any detailed reasons to be given in the departmental proceedings, particularly when the Officers are not judicially trained. Therefore, he contends that when the principles of natural justice by means and issuing notice to the parties and giving an opportunity of hearing and then passing the orders, it would suffice to sustain such orders. Though no reasons have been given either by the Appellate Authority or by the Reviewing Authority, but the above said orders disclose that, the Officers have looked into the materials on record and then taken a decision. Therefore, those orders do not call for any interference at the hands of this Court. 5. In my opinion, before discussing anything about the orders passed by the Appellate Authority as per Annexure-B and the Reviewing Authority as per Annexure-A, it is just and necessary to reiterate the exact orders passed by the Appellate Authority and the Reviewing Authority which are in vernacular, i.e. in Kannada language which are in detail depicted below: --------------IN OTHER LANGUAGE--------------- ORDER ON REVIEW PETITIONS --------------IN OTHER LANGUAGE--------------- 6. Before adverting to whether the above said orders are incompliance with the statutory requirement as contemplated under the Karnataka Education Act and Rules, it is just and necessary for me to refer those important Act and Rules. 7. Section 130 of the Karnataka Education Act, 1983 reads as follows: “130. Appeals - Save as otherwise provided in this Act, any person or Governing Council, aggrieved by an order passed by an officer or authority under this Act may within the prescribed period prefer an appeal to the prescribed Appellate Authority.” (emphasis supplied) 8. 7. Section 130 of the Karnataka Education Act, 1983 reads as follows: “130. Appeals - Save as otherwise provided in this Act, any person or Governing Council, aggrieved by an order passed by an officer or authority under this Act may within the prescribed period prefer an appeal to the prescribed Appellate Authority.” (emphasis supplied) 8. This particular provision empowers any person aggrieved by an order passed by the Officer or Authority in this Act, he can prefer an appeal to the prescribed Authority. There is no dispute raised before this Court by the petitioner that the Principal Secretary to the Government is not the Appellate Authority before whom respondent Nos.2 to 5 have preferred the appeal registered in appeal No.352 of 2008. This Section does not contemplate what are the procedure that should be followed. However, there is a separate procedure contemplated under the Karnataka Educational Institutions (Appeal, Revision and Review)(Amendment) Rules 1998 which gives the details as to the powers and functions of the Appellate, Revisional and Reviewing Authorities. Rule 4 therein prescribes the procedure to be adopted by the Appellate Authorities. Rule 5 prescribes the procedure so far as revision under Section 131 is concerned and Rule 6 refers to application for review under Section 132. The said provisions rule 4, 5 and 6 read as follows: “4. Procedure in Appeals. - (1) As appeal shall be submitted in duplicate in the form of a memorandum setting forth concisely the grounds of appeal. (2) Every appeal shall be accompanied by. (i) the copy served on the party by the authority or certified copy, of the order appealed against; (ii) Application, if any, for stay of operation of the impugned order accompanied by an affidavit; and (iii) as many copies of the memorandum of appeal and enclosures if any, as the number of respondents and one extra copy; (iv) a fee of one hundred rupees. (3) Every appeal shall be presented to the person authorized by the Appellate Authority to receive the same. Such person, on presentation of appeal shall endorse on it the date of its receipt. He shall examine it to see if it is filed within the time prescribed under the rules and otherwise conforms to the provisions of Act and Rules. (3) Every appeal shall be presented to the person authorized by the Appellate Authority to receive the same. Such person, on presentation of appeal shall endorse on it the date of its receipt. He shall examine it to see if it is filed within the time prescribed under the rules and otherwise conforms to the provisions of Act and Rules. (4) If the appeal is made after the expiry of the period of limitation, the authorized person shall place it before the Appellate Authority. If the Appellate Authority is satisfied that the applicant was prevented by sufficient cause from presenting the same within the said period he may admit the appeal. If the authorized person finds that proper fee payable has not been paid or that the paper presented to it are not in conformity with the provisions of the Act or the rules, he shall by notice require the appellant to rectify the defects within a period to be specified in such notice. If the defects are not rectified within the time allowed, the authorized person shall place the appeal before the Appellate Authority on the date fixed by the Government, for which a notice is issued to the party, shall hear the appellant, if present and pass orders directing the appeal to be registered or rejected. Where the appeal is rejected, it shall record the reasons for doing so. (5) The operations of an order appealed against shall not be stayed by reason only of an appeal having been preferred against that order but, where an application has been made, the Appellate Authority may, for sufficient cause, order the stay of proceedings or operating of the impugned order. (6) An emergent order of stay may be made by the Appellate Authority and in every such case notice shall be issued to the opposite party to show cause why the order shall not be made absolute. The opposite party may file objections if any, on or before the date of hearing of the matter. Appellate Authority shall after giving an opportunity to both the parties of being heard, decide the matter. (7) The notices issued to parties under these rules shall be served by personal delivery of a copy of the notice to the addressee or his agent after taking his signature on the original by way of acknowledgement, or by registered post acknowledgement due. (7) The notices issued to parties under these rules shall be served by personal delivery of a copy of the notice to the addressee or his agent after taking his signature on the original by way of acknowledgement, or by registered post acknowledgement due. An acknowledgement containing the signature of the addressee or his agent or any endorsement by the postal authorities to the effect that the notice was refused by the addressee shall, unless the contrary is proved, be deemed to be sufficient to hold that the notice was duly served. (8) Where the Appellate Authority is satisfied that the addressee is evading service or that it is not practicable to serve the notice shall be affixed on its Notice Board and another copy on the outer door or some other conspicuous part of the addressee’s present or last known residence or place of business and at a conspicuous place in the village or town which he last resided or carried on business. (9) Where the Appellate Authority directs service of notice otherwise than by post, it may be sent for service to the subordinate authority within whose jurisdiction the party resides. Such authority shall cause the notice to be served on the party and return the same to the Appellate Authority with an endorsement stating the time and the manner in which the notice was served and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the notice. (10) After the case has been heard, the Appellate Authority shall pass order as it deems fit. (11) A copy of the final order shall be sent to the appellant within thirty days from the date of order. 5. Application for Revision Under Section 131.(1) Every application presented to the State Government under Section 131 shall be made within sixty days from date on which the decision order to which the application relates: Provided that the State Government may, for good and sufficient reason to be recorded in writing condone the delay and admit the revision. (2) Every such application shall be in writing and shall be accompanied by a fee of one hundred rupees. It shall set forth concisely the ground for revision and shall be accompanied by an authentic copy of the order or proceedings in respect of which the application is made. (2) Every such application shall be in writing and shall be accompanied by a fee of one hundred rupees. It shall set forth concisely the ground for revision and shall be accompanied by an authentic copy of the order or proceedings in respect of which the application is made. The application may be presented either in person or by an authorized agent or sent by registered post. (3) The procedural prescribed for appeal under Rule 4 generally shall apply to revision application also. (4) After perusal of the records the Government may take up the case in revision and issue notice to all the parties concerned who are likely to be affected, to appear before it, for showing cause why the order should not be varied or reversed on the appearance of such parties and other giving reasonable opportunity of representing their case the Government may proceed to pass such order as it deems fit. 6. Application for review Under Section 132.(1) Every application under Section 132 shall be in writing and shall be accompanied by a fee of one hundred rupees. It shall set forth concisely the ground for revision and shall be accompanied by an authenticate copy of the order or proceedings in respect of which the application is made. The application may be presented either in person or by an authorised agent or sent by registered post. (2) The Government shall not admit the application unless it is prima facie satisfied that there are grounds for review when the review petition is admitted, it shall be decided after affording an opportunity to the parties to be heard.” 9. Though the above said rules does not say any of the manner the appeals have to be considered and disposed off by the Appellate Authority, Revisional Authority and the Reviewing authorities, but Rule 7 prescribes the procedure as to how the Appellate Authority and the Reviewing Authority and the Revisional Authorities have to follow the procedures. Rule 7 reads as follows: “7. The provisions of the Civil Procedure Code to be generally followed : In deciding any question relating to procedure not specifically provided for by these rules, the Appellate Authority, Revision Authority and the Review Authority shall as for as possible be guided by the provisions contained in the Code of Civil Procedure, 1908.” (emphasis supplied) 10. The provisions of the Civil Procedure Code to be generally followed : In deciding any question relating to procedure not specifically provided for by these rules, the Appellate Authority, Revision Authority and the Review Authority shall as for as possible be guided by the provisions contained in the Code of Civil Procedure, 1908.” (emphasis supplied) 10. On careful and meaningful reading and understanding of the above said provisions, it gives a clear picture that after following the principles of natural justice by issuing notice to the parties, allowing the parties to file their objections and after hearing the parties, the appeal, revision or review have to be decided by the competent authorities. How to decide the questions which are raised before the above said authorities is contemplated under Rule 7 which mandates that in deciding any question relating to the procedure not specifically provided the authorities shall as far as possible are guided by the provisions contained in the Code of Civil Procedure, 1908. Therefore, even after following the principles of natural justice something is remaining to be considered by the Authorities for the purpose of adjudicating or deciding the disputed question relating to the parties which are posed before those Authorities. Therefore, on reading the above said provisions, no specific procedure is contemplated as to how the questions which are raised before the Authorities have to be considered and how a decision has to be given by the Authorities. Therefore, they have to fall back upon the guidelines or the procedure contemplated as contained in the Code of Civil Procedure, 1908. 11. Order XLI Rules 1 to 37 deals with the procedures in respect of appeals, I do not want to overburden this judgment by quoting all those provisions. It would suffice if I quote a particular provision which contemplates as to how a judgment of the Appellate Court shall be. Order XLI Rule 31 is relevant provision which says that how the Appellate Court should dispose of the appeals and what should be the contents of the judgments. The said provision reads as follows: “31. Contents, date and signature of judgment. Order XLI Rule 31 is relevant provision which says that how the Appellate Court should dispose of the appeals and what should be the contents of the judgments. The said provision reads as follows: “31. Contents, date and signature of judgment. The judgment of the Appellate Court shall be in writing and shall state— (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d)where the decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring there in.” 12. This particular procedure is not in detail contemplated under the Karnataka Education Act or Rules as noted above. Therefore, whenever the appeal is filed or the revision is filed or review is called on, the Authorities have to bear in mind as to how the Appellate Authority has to consider the appeals. If the above said provision is applied, if both the parties are contesting, the Appellate Authority has to consider what exactly the points involved in that particular case and it should frame the points for determination and it should give its findings on those points for determination that is the decision thereon. In between these two, the Authorities have to consider the material on record like, the allegations made in the pleadings of the parties and the evidence led by them, if any or the submissions made by the counsels and based on appreciation of the above said aspects, the Authorities have to arrive at a conclusion by giving reasons, as to why they are arriving at such conclusion. Therefore, these are all the basic principles of Civil Jurisprudence, to be followed, whenever a dispute arises between the parties to be considered either by the Judicial Authorities or by the Quasi Judicial Authorities. The reasons should be always based on the materials available on record. The findings without any reasons is of no use because the Appellate Authority, Reviewing Authority or the Upper Courts would not be in a position to understand as to whether the Appellate Court, Review Court or Revisional Court have in fact understood the case of the parties and what exactly the point which is involved in that particular case and how the decision has to be taken. Therefore, this procedure is inevitable in almost all the cases wherever the Authorities are bound to follow the principles of natural justice. 13. Now let me turn back to the orders which are involved in this particular case. In appeal No. 352 of 2008 passed by the Principal Secretary, Health and Family Welfare Department dated 15.03.2011 which order in Kannada language already extracted above. In this particular order the Appellate Authority has written the order in three paragraphs. Out of them, one is the operative portion of the order. In two paragraphs it is only stated that the appeals have been filed by the respective parties and the advocates were present and they have argued before the Appellate Authority and also submitted their written statements. In the second paragraph it is stated that, after hearing both the counsels, perusing the written statements and also all the documents, the following order is passed. In third paragraph which is the operative portion of the order it is nothing but issuing a direction to the petitioner herein to give all the deducted salary to respondent Nos.2 to 5 and also the revised pay scale, etc. 14. Annexure-A (Review Order), the Kannada version which is already referred is also a five line order, wherein the Reviewing Authority that is the first respondent has stated in the order that, it has perused the orders passed in the appeals and there are no grounds to interfere with the orders passed by the Appellate Court. Therefore, all the review petitions were rejected. Except this, nothing has been spelled out in the order passed by the Reviewing Authority. 15. On careful and meticulous reading of the above said two orders passed by the Appellate Authority and also the Reviewing Authority, it does not disclose their application of mind to the facts of the case as to what is the real contention or point for consideration in this particular case and they never applied their mind to the appeal grounds and also to the written statement filed by the respective parties. They have simply quoted the procedure they have adopted that is:giving an opportunity to both the parties, except that after giving an opportunity what they have done is not incompliance with the procedure contemplated under the Code of Civil Procedure or under the Karnataka Education Act and Rules as noted above. They have simply quoted the procedure they have adopted that is:giving an opportunity to both the parties, except that after giving an opportunity what they have done is not incompliance with the procedure contemplated under the Code of Civil Procedure or under the Karnataka Education Act and Rules as noted above. The Appellate Authority or the Reviewing Authority are bound to follow Rule 7 of the Karnataka Educational Institutions (Appeal, Revision, and review) Rules 1998 which I have already quoted. The procedure contemplated under the Code of Civil Procedure under Order XLI Rule 31 though not in stricter sense applicable but they should be taken as guiding principles as far as possible in order to dispose of the appeals or the review petitions. That has not been done in this particular case either by the Appellate Authority or by the Reviewing Authority. 16. Filing of the revision petitions or the review petitions have got their own sanctity in the eye of law. If any mistakes or illegalities, irregularities committed by the Subordinate authorities, which cannot be cured in any manner, they have to be carefully looked into by the Reviewing Authorities or the Revisional Authorities so as to set right the defect found in those orders. If the Reviewing Authorities or the Revisional Authorities or Appellate Authorities do not look into the questioned orders and tests the said orders in accordance with the procedural laws or the substantive laws, they may not be in position to come to a decision whether the said order is in accordance with law or the procedure. That is the reason why the revision or review powers are provided to the parties to test the orders of the Appellate Courts or the Subordinate Authorities. This main object of the review or the revision has to be borne in mind by the Authorities while considering the review or revision petitions. The Appellate Authorities are always vested with the power to enter into the shoes of the original authorities to test the orders in accordance with law and procedure and also on the basis of the facts involved in that particular case. These important aspects have not been even borne in mind by the Appellate Authority or the Reviewing Authority in this particular case as per the reasons noted above. 17. These important aspects have not been even borne in mind by the Appellate Authority or the Reviewing Authority in this particular case as per the reasons noted above. 17. Under the above said facts and circumstances, in my opinion, this Court exercising powers under Articles 226 or 227 of Constitution of India, cannot delve upon the factual aspects of the case for determination or for adjudicating the rights of the parties. It is the Authorities who are vested with the said power are to be properly guided as to how they have to consider the appeals or review or the revision petitions. Therefore, I do not want to discuss or deliberate upon the factual facts of the matter in this case on merits or demerits of the case of either of the parties. It would suffice if the matter is remitted to the Appellate Authority. The Appellate Authority has to determine or adjudicate the rights of the parties in accordance with the procedure as contemplated under law as enunciated in the body of this order. 18. The said Appellate Authority is itself has not followed the procedure as contemplated under law, there is no reason for this Court once again remit the matter to the Reviewing Authority, so that this Court can avoid one step in remitting the matter to the Reviewing Authority. However, by remitting the matter to the Appellate Authority and directing the Appellate Authority to deal with the matter in accordance with law, it would avoid unnecessary waste of time and complexity of procedure. 19. Under the above said circumstances, the petition has to succeed. Accordingly I proceed to pass the following: ORDER The writ petition is hereby allowed. Consequently, the order passed by the first respondent in appeal No. 218 of 2011 dated 30.08.2011 as per Annexure A and the order passed by the Principal Secretary, Health and Family Welfare Department in appeal No.352 of 2008 dated 15.03.2011 are hereby quashed. Accordingly I proceed to pass the following: ORDER The writ petition is hereby allowed. Consequently, the order passed by the first respondent in appeal No. 218 of 2011 dated 30.08.2011 as per Annexure A and the order passed by the Principal Secretary, Health and Family Welfare Department in appeal No.352 of 2008 dated 15.03.2011 are hereby quashed. The appeal No.352 of 2008 is hereby restored on to the file of the Principal Secretary, Health and Family Welfare Department with a direction to dispose of the said appeal in accordance with the procedure and law as noted in the body of this order and in the light of the said procedure after considering the points which arise for determination and after giving reasons, a decision has to be taken by the Appellate Authority in accordance with law. The Appellate Authority shall not waste further time as the parties are hereby directed to appear before the Principal Secretary with a certified copy of this order on or before 30th April 2018 and thereafter the Principal Secretary, Health and Family Welfare Department has to fix up a date for hearing and dispose of the case as expeditiously as possible not exceeding three months from the date of the appearance of the parties.