SURESHKUMAR KUMRA Vs. PRINCIPAL

JUDGEMENT

(1.) Rule. Learned advocate Mr. Chudgar, appearing for Nanavati Associates, waives service of notice of rule for respondent Nos. 1 & 2. Learned A.G.P. Mr.Rindani waives service of notice of rule for respondent Nos.3 to 5. Having regard to the facts of the case, the petition is taken-up for final disposal today.

(2.) The petitioner was appointed as an Assistant Teacher by the respondent-School in the year 1979 after following the requisite procedure. He is B.A., D.P.Ed, and M.P.Ed. He was placed under suspension on 24.1.1996 by the School Management on the basis of some complaint. The said order of suspension was challenged by the petitioner, besides praying several other reliefs by way of Application No. 80 of 1996 before the Tribunal. A notice was served on him on 31.5.1996, which was replied by the petitioner on 12.6.1996. The petitioner came to be dismissed from service by order dated 15.6.1996. The order of dismissal is subject matter of challenge in Application No. 269 of 1996 before the Tribunal and is pending adjudication by the Tribunal. The petitioner has approached this Court, making the following prayers:- A. Be pleased to admit and allow the present petition; B. Be pleased to issue a writ of certiorari and/or mandamus or a writ in the nature of certiorari and/or mandamus and/or any other appropriate writ, order or directions:

(3.) If the Tribunal has not followed the order passed by the Division Bench of this Court in Letters Patent Appeal Nos.632 and 633 of 1998, on 11.8.2005, delay is inordinate and appropriate direction is inevitable, as it affects the petitioner's right. Under the circumstances, the petition is allowed in terms of Para-9-B(i), if the decision is not already taken. If the decision is not yet taken, the same would be taken at the earliest, preferably within three months, but not later than four months from the date of receipt of writ of this order. Rule is made absolute to the above extent. No costs.