DILIP Vs. PRABANDHAK SAMITI MAHESHWARI H.S.S.

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution the petitioner prays for issuance of a writ of certiorari, quashing the order dated 23.7.86 for removal from service filed as Annex, "B" to the petition.

(2.) THE petitioner was appointed as a physical instructor on 25.10.68, he was later confirmed in the year 1972. By order dated 28.4.86 the petitioner was suspended. On 7.5.86 he was served with a charge sheet and called upon to file his reply within 10 days. The petitioner applied and prayed for extension of time to file reply which was extended upto 25.6.86, on which date his reply to the charge sheet was filed.

(3.) IT was only after filing of the present petition that when it was listed for final hearing on 23.7.87, that a day before this date, the respondent No.2, allegedly, under influence and pressure of respondent No. 1 accorded his approval to the removal order Annex. 8' vide his (Joint Director's) letter dated 22.7.87 filed as Annexure 'T' This post facto approval, it was vehemently contended is of no avail to the respondents, being illegal invalid, and void ab -initio.