HARCHARAN SINGH Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Present review petition has been filed on behalf of the respondent no.2/review petitioner against the order dtd. 10/1/2019 passed by this Court whereby the review petitioner/respondent No.2/School herein were directed to reinstate the respondent (petitioner herein) in the School with all his consequential benefits. Moreover, he was not working after the impugned order dtd. 20/10/2010, therefore, he would be entitled for 50% of the wages.

(2.) Learned counsel for the review petitioner/respondent no.2/School submits that the reinstatement of the respondent (petitioner herein) after a long period of more than 10 years could not be ordered and the same is also against the various precedents of the Apex Court. In addition, he further submits that petitioner has never challenged the order passed by the learned Delhi School Tribunal in which the petitioner was permitted to lead his evidence only and no other witness.

(3.) The learned Tribunal, by way of its order dtd. 27/7/2010, granted one opportunity to the respondents (petitioner herein) to lead his evidence and that too within a period of a fortnight from the date of the order. Thereafter, with the consent of the parties, the learned Tribunal again passed order on 20/9/2010 that the respondents (petitioner herein) would be examined himself before the inquiry officer on 23/9/2010 at 2:00 p.m. and after his examination in chief, review petitioner/respondent no.2/School was at liberty to cross-examine the respondent(petitioner herein).