DHANROOP CHAND BHANDARI Vs. HANWANT SCHOOL MANAGEMENT COMMITTEE

JUDGEMENT

(1.) The instant review petition has been filed against the judgment and order of this Court dated 2-4-98 passed in S. B. Civil Writ Petition No. 1272/1995, by which the writ petition of the non-party has been allowed by this Court setting aside the judgment and order of the Rajasthan Non-Governmental Educational Institutions Tribunal dated 20-4-95, by which the order of the discharge of the petitioner during the pendency of his probation period has been set-aside.

(2.) The learned Tribunal has set aside the order of discharge on two grounds, firstly, interpreting the provisions of the Standing Order 5/72 which required the participation of the State in the process of termination of services of the employees of the institution and, secondly, holding that the termination order was punitive. Both the issues were raised by the opposite party and petitioner's counsel had sufficient opportunity to meet it as is evident from the said judgment. The petitioner had filed review petition on the ground that this Court has erred in appreciating the law which has resulted in great injustice to the petitioner and the facts mentioned in the review petition have not been considered while deciding the controversy. However, without disclosing what are the facts which have not been considered, the petitioner had relied upon various statutory provisions and interpretation of the Standing Order No. 5/72.

(3.) I fail to understand how it is an error apparent on the face of record and what is that point which had been agitated before this Court while hearing of the writ petition and not been considered. In fact, the review petition has been filed by the petitioner by changing his counsel and is no affidavit by the former counsel Mr. S. K. Malik that he had agitated a particular issue which has not been dealt with by this Court.