Smt. Sunanda Prabhakar Bhavana and ors. Vs. the Member, Karnataka Private Educational Appellate Tribunal and Principal District Judge, Belgaum and ors. - Court Judgment

Excerpt:
- labour & services. dismissal from service: [subhash b. adi, j] dispensation of disciplinary enquiry - electricity (supply) act (54 of 1948) section 79 and karnataka electricity board employees (conduct, discipline, control & appeal) regulations, 1987, regulation 14 petitioner alleged to have been involved in theft - criminal complaint also lodged in this regard - however, based on same evidence criminal court held that charge of theft is not proved and also recovery is not proved by prosecution - disciplinary authority relying upon admission of criminal charge by petitioner before investigation officer and in charge sheet, passing order of dismissal held, not proper, particularly, when enquiry was dispensed with and petitioner had no opportunity before disciplinary authority. further, statement made before investigating officer cannot be treated as an admission under section 27 of evidence act. orderh.l. dattu, j. 1. aggrieved by the orders made in i.a. no. 21 by the educational appellate tribunal in case no. kpie 3 of 1982, dated 11-5-1994, legal representatives of late sri prabhakar, are before this court. 2. the issues raised in this writ petition lie in a very narrow compass. when sri prabhakar was working as a headmaster of sri shivaji high school, kadoli, belgaum, his services came to be terminated by the school authorities. aggrieved by the said order, sri prabhakar, had filed an appeal before the educational appellate tribunal. during the pendency of the appeal, sri prabhakar, had expired. petitioners herein who claim to be the legal representatives of late sri prabhakar, have filed i.a. no. 21 to come on record to prosecute the appeal filed by late sri prabhakar. that application filed by the petitioners is rejected by the tribunal by its order dated 11-5-1994. aggrieved by the same, petitioners are before this court. 3. i have carefully perused the orders made by the learned trial judge. the learned trial judge has rejected the application on the ground that, since late sri prabhakar had only questioned the order of his termination by the school authorities, after his death the cause of action would not survive to the applicants before him and therefore, he has rejected the application filed in i.a. no. 21. 4. late sri prabhakar's services came to be terminated by the school authorities by issuing an appropriate order. that was a subject-matterof an appeal before the educational appellate tribunal. unfortunately, the appellant who is the husband and father of the petitioners/applicants had expired. thereafter, they have filed necessary application to come on record to prosecute the appeal. in my view, they have locus standi to come on record for two reasons namely, termination of service of an employee is a punishment for the alleged misconduct and that ipso facto casts a stigma which at least a widow and close relative of the deceased may question to vindicate the honour of the deceased person. secondly, the lawful heirs would be entitled to any consequential monetary benefits which might accrue, if the challenge succeeds. therefore, in my opinion, the cause of action would still survive for the petitioners/applicants to come on record in spite of the death of the appellant namely, their husband and father late sri prabhakar. therefore, the order made by the learned trial judge on i.a. no. 21, dated 11-5-1994, requires to be set aside by this court. 5. accordingly, the following:

Judgment:
ORDER

H.L. Dattu, J.

1. Aggrieved by the orders made in I.A. No. 21 by the Educational Appellate Tribunal in case No. KPIE 3 of 1982, dated 11-5-1994, legal representatives of late Sri Prabhakar, are before this Court.

2. The issues raised in this writ petition lie in a very narrow compass. When Sri Prabhakar was working as a Headmaster of Sri Shivaji High School, Kadoli, Belgaum, his services came to be terminated by the school authorities. Aggrieved by the said order, Sri Prabhakar, had filed an appeal before the Educational Appellate Tribunal. During the pendency of the appeal, Sri Prabhakar, had expired. Petitioners herein who claim to be the legal representatives of late Sri Prabhakar, have filed I.A. No. 21 to come on record to prosecute the appeal filed by late Sri Prabhakar. That application filed by the petitioners is rejected by the Tribunal by its order dated 11-5-1994. Aggrieved by the same, petitioners are before this Court.

3. I have carefully perused the orders made by the learned Trial Judge. The learned Trial Judge has rejected the application on the ground that, since late Sri Prabhakar had only questioned the order of his termination by the school authorities, after his death the cause of action would not survive to the applicants before him and therefore, he has rejected the application filed in I.A. No. 21.

4. Late Sri Prabhakar's services came to be terminated by the school authorities by issuing an appropriate order. That was a subject-matterof an appeal before the Educational Appellate Tribunal. Unfortunately, the appellant who is the husband and father of the petitioners/applicants had expired. Thereafter, they have filed necessary application to come on record to prosecute the appeal. In my view, they have locus standi to come on record for two reasons namely, termination of service of an employee is a punishment for the alleged misconduct and that ipso facto casts a stigma which at least a widow and close relative of the deceased may question to vindicate the honour of the deceased person. Secondly, the lawful heirs would be entitled to any consequential monetary benefits which might accrue, if the challenge succeeds. Therefore, in my opinion, the cause of action would still survive for the petitioners/applicants to come on record in spite of the death of the appellant namely, their husband and father late Sri Prabhakar. Therefore, the order made by the learned Trial Judge on I.A. No. 21, dated 11-5-1994, requires to be set aside by this Court.

5. Accordingly, the following: