This appeal is filed by the appellant under Section 92(1)
of the Karnataka Education Act, 1983, challenging the
termination of his services by the respondents and seeking
arrears of salary, notice pay and interest.
2. The brief facts of the case, as pleaded by the
appellant, are that he was appointed as an Assistant Professor
in Statistics by the first respondent Society and was posted at
second respondent college under Appointment Letter dated
05.06.2018. He was placed on probation for a period of two
years. According to him, he discharged his duties satisfactorily
and by January 2020, he was drawing a monthly salary of
₹43,358/- inclusive of allowances. He further contends that on
12.10.2019, he met with a road accident, underwent surgery
and was advised rest. The respondents treated 81 days as loss
of pay and thereafter, withheld his salary for April, May and part
of June 2020. It is his case that, during COVID-19 lock-down,
though the Institution remained closed, he was willing to work,
but was orally instructed not to attend duties on the basis of
certain complaints allegedly made by the Head of Department.
He asserts that no suspension order, charge-sheet or enquiry
was ever initiated against him. Ultimately, on 20.11.2021, he
received an e-mail communicating Termination Notice dated
16.07.2021, whereby his services were terminated
retrospectively with effect from 31.07.2020. He contends that
termination is illegal, retrospective in nature, without notice,
without enquiry and contrary to the terms of appointment.
Hence, this appeal.
