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Judgment
Dilip B. Bhosale, J.—Heard learned counsel for the petitioner and learned AGA for respondents-1 and 2.
Learned counsel for the petitioner, at the outset submits that impugned endorsement dated 17.06.2014 has been issued by the 2nd respondent even without issuing notice to the respondents in the revision petition i.e., respondents-3 and 4 in the present writ petitions. Petitioner filed revision petition u/s 131 of the Karnataka Education Act, 1983 (for short ''the Act'') challenging the order dated 21.04.2014 issued by the 3rd respondent by which he has been placed under suspension pending the enquiry. At the relevant time, the petitioner was working as Professor and HOD of Community Medicine at KIMS. He challenged the said order by way of revision petition u/s 131 of the Act. On presentation of the revision, the 2nd respondent has issued the impugned endorsement stating that revision is not maintainable and that the petitioner ought to have filed appeal u/s 130 of the Act. Learned counsel for the petitioner invited my attention to the judgment of this Court in Smt. Muthubai Vs. Manjula Makkala Kendra Kannada Senior Primary School and Others, to contend that against the order of suspension, such as the one impugned in the instant petition, revision u/s 131 of the Act is maintainable. It appears that the 2nd respondent while issuing the endorsement had not issued notice to the petitioner. In view thereof, I am satisfied that this writ petition can be conveniently disposed of by the following order:
ORDER
i. The impugned endorsement dated 17.06.2014 is set aside. The revision petition is restored to file. The concerned authority may consider the issue of maintainability of the revision after granting an opportunity of being heard to the petitioner and respondents-3 and 4 in the light of the judgment of this Court in Muthubai (supra) afresh. All contentions of the parties are kept open.
ii. It is needless to mention that respondent Nos. 1 and 2 shall consider maintainability of the petition as expeditiously as possible and preferably within a period of four weeks from the date of receipt of this order, and if the revision is found to be maintainable, same may be considered and decided expeditiously on merits in accordance with law.