CHOPASNI SHIKSHA SAMITI Vs. GAJENDRA SINGH

JUDGEMENT

(1.) This intra court appeal is directed against order dtd. 9/5/19 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellants against the order dtd. 21/8/18 passed by the Rajasthan Non Government Educational Institution Tribunal, Jaipur (for short "the Tribunal"), has been dismissed.

(2.) The facts relevant are that the first respondent was appointed on the post of Administrative Officer by the appellant Institution for a period of three months on temporary basis. Prior to it, the first respondent was working as Organizing Secretary in the appellant Institution. The post held by the first respondent was later re-designated w.e.f. 1/8/95 as Estate Officer. The services of first respondent were brought to an end by the appellant w.e.f. 31/10/2000, the legality whereof was questioned by the first respondent by way of an application before the Tribunal, which was allowed and the first respondent was directed to be reinstated with continuity of service. The legality of order dated 27/3/2 was questioned by the first respondent before this court by way of writ petition, which was disposed of in terms of the settlement arrived at between the parties. The first respondent was reinstated in service and the arrear of salary was directed to be paid to him.

(3.) On 7/2/9, a charge sheet was issued to the first respondent, who vide an application dated 21/2/9 demanded certain documents for the purpose of filing reply to the charge sheet, which was not acceded to. Later, an amended charge sheet was issued to the first respondent on 23/4/10. Again on 6/5/10, the first respondent filed an application demanding certain documents. Instead of supplying the documents as prayed for abruptly vide order dtd. 7/5/10, the first respondent was compulsorily retired from service invoking the provisions of Sec. 16(1) of Rajasthan Non Government Educational Institutions Act, 1989 (for short "the Act"). The legality of the order was questioned by the first respondent by way of an application under Sec. 21 of the Act before the Tribunal. The application was allowed by the Tribunal vide order dtd. 21/8/18, the order passed by the appellant Institution retiring the first respondent compulsorily was quashed and he was directed to be reinstated on the post of Estate Officer with consequential benefits. Aggrieved thereby, the writ petition preferred by the appellants stands dismissed by the learned Single Judge by the order impugned. Hence, this appeal.