COMMISSIONER, NAVODAYA VIDYALAYA SAMITI Vs. R.C. DUBEY

JUDGEMENT

(1.) THE Petitioner has challenged the order dated 28th May, 2010 in TA 1471/2009 titled as R.C. Dubey v. UOI and Anr., whereby the discharge simplicitor of the Respondent was held to be punitive and the order dated 5th July, 1995 discharging the Respondent was quashed and set aside and the Petitioner was directed to reinstate the Respondent as Principal of Navodaya Vidyalaya in the same rank and grade which he was holding when his services were terminated and he was discharged.

(2.) THE Tribunal in para 24 of the impugned order had given the following directions:

(3.) THE learned Counsel for the Petitioner on instructions, states that the Petitioner shall comply with the order dated 28th May, 2010 within four weeks. Consequently, the Petitioner shall reinstate the Respondent and will also be entitled to initiate departmental inquiry afresh against the Respondent for the alleged misconduct, if the Petitioners will be so advised. The Petitioner will also pay a sum of Rs. 3 lakhs which was computed up till 2010, till the date of order, as the Respondent was not given any emoluments for almost 15 years. This amount of three lakhs which was payable within six weeks of the order of the Tribunal has not been paid though the order of the Tribunal was not stayed by this Court in the writ petition. The learned Counsel for the Petitioner state that the amount in terms of the order of the Tribunal shall be now paid within four weeks.