Sunil Ambwani, Kashi Nath Pandey, JJ. - (1.) THE delay in filing the Special Appeal has been sufficiently explained in the affidavit accompanying the delay condonation application. The application is allowed.
(2.) HEARD Shri Mansoor Ahmad, learned Counsel for the Appellant. Shri V.C. Mishra, Senior Advocate assisted by Shri Vivek Mishra, appears for the Petitioner -Respondent. This Special Appeal has been filed by the Committee of Management, Madarsa Arbiya -Madhinatul Uloom, Chulah firan Saurai, buzurg, Kaushambi through its Manager Rais Ahmad, against the judgment dated 28.5.2009 in Writ Petition No. 44059 of 2002, by which the Writ Petition was dismissed making it open to the management of the institution to hold disciplinary inquiry against the Petitioner -Respondent and to pass appropriate order within a month from the date of communication of this order with regard to the payment of arrears of salary, admissible to his post. Learned Single Judge also gave directions that the management will permit the Petitioner -Respondent to join within ten days from the date of production of certified copy of the order before the management of the institution.
(3.) IT is stated by Shri Mansoor Ahmad appearing for the Appellant, that he was not aware of the listing and thereafter adjournment of the case to be taken up on next date as unlisted. He did not argue the matter nor could file the supplementary counter affidavit, which was prepared, to be submitted Shri Mansoor Ahmad had filed a recall application on the same ground, which was rejected by learned Single Judge.;