NAVODAYA VIDHYALAYA SAMITI Vs. PUNDARIKAKSH DEV PATHAK

JUDGEMENT

(1.) These two writ petitions have been filed challenging the same order dtd. 3/1/2025, whereby the Central Administrative Tribunal, Allahabad Bench, Allahabad ('the Tribunal') has disposed of Original Application ('O.A.') No. 1015 of 2021 (Pundarikaksh v. Union of India and others), set aside the order dtd. 2/11/2021 passed by the departmental authority and issued a direction to the competent authority to re-examine the case of the applicant in the light of observations made in the Tribunal's order and, after taking into consideration the mandate of Hon'ble Supreme Court in Avtar Singh v. Union of India and others 2016 (8) SCC 471, pass a fresh reasoned order within a period of three months.

(2.) Whereas the challenge laid by Navodaya Vidhyalaya Samiti and others, vide Writ-A No. 9462 of 2025, is only to the order dtd. 3/1/2025, the petitioner of Writ-A No. 6670 of 2025 (also referred as 'the applicant' at some places in this order), apart from challenging part of the order dtd. 3/1/2025, has also challenged a subsequent order dtd. 25/2/2025 whereby review application filed by him has been rejected by the Tribunal.

(3.) Brief facts of the case are that in a Recruitment Drive, 2019 initiated by the department, the applicant applied for the post of P.G.T. (Mathematics). Having become successful in the process of selection, letter of appointment was issued to him on 22/7/2020, he joined the said post on 7/8/2020 at Jawahar Navodaya Vidyalaya, Gauriganj, Amethi ('the institution') and was paid salary. After two months, a letter dtd. 29/10/2020 was issued by Navodaya Vidyalaya Sangathan, Regional Office, Lucknow to the Principal of the institution, which was accompanied by a complaint against the applicant and he was asked to submit a response. The complaint was to the effect that the applicant had, while applying for the post in question, concealed pendency of a criminal case against him.