CENTURY CEMENT EDUCATION SOCIETY Vs. POSHAN LAL VERMA

JUDGEMENT

(1.) Heard Mr. Ashish Shrivastava, learned Senior Advocate assisted by Mr. Ankur Diwan, learned counsel for the appellant, Mr. Vikash Dubey, learned counsel, appearing for respondent No.1 and Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for the State/respondent Nos. 2 & 3 and have perused the impugned order passed by the learned Single Judge and materials available on record.

(2.) The present intra Court appeal has been filed against the order dtd. 30/6/2023 passed by the learned Single Judge in WP(S) No. 2394 of 2010 (Poshan Lal Verma Vs. Century Cement Education Society & Others), whereby while disposing of the writ petition filed by the writ petitioner / respondent No.1 herein, the learned Single Judge has directed the appellant to reinstate the petitioner on the post, which he was holding at the time of passing of termination order. The appellant is also directed to first obtain prior approval/ recommendation of the competent authority in this regard and thereafter proceed further, in accordance with law. It is further directed that till then the petitioner would be entitled for all the suspension allowance/pay allowance with back wages from the date of termination of his service till final order is passed by the appellant.

(3.) The brief facts, as projected by the writ petitioner in the writ petition, are that the writ petitioner was appointed as Physical Training Instructor (for short 'PTI') in the appellant School/Century Cement Higher Secondary School, Baikunth, District Raipur (C.G.) and persistently performing duty for last 24 years. The school is run by the Century Cement Education Society and is Government aided school. After receiving some complaints against the writ petitioner, on 31/12/2007, the Secretary of the Education Society namely Shri R.S. Jamwal served a show cause notice (Annexure P/8) to respondent No.1 levelling several allegations as to why the disciplinary action should not be initiated against him for unsatisfactory performance and misconduct. The writ petitioner submitted his explanation (Annexure P/9) to the show cause notice.