A.P.SAHI, J. - (1.) HEARD Sri Sudhanshu Srivastava learned counsel for the petitioner and Sri P.K.Srivastava for the respondent no.4 and the learned standing counsel for the respondent nos. 1,2 and 3. In view of the consent of the learned counsels the petition is being disposed of finally at this stage without awaiting any further affidavits.
(2.) THE prime issue raised by the petitioner in this petition is that the impugned order dated 13.10.2009 is in violation of principles of natural justice inasmuch as the directions of this Court in the judgment dated 3.8.2009 have not been complied with in right earnest and the petitioner's claim has been non-suited without letting the petitioner know about the objection raised by the respondent no.4. Learned counsel for the petitioner contends that on account of the aforesaid twin errors committed by the District Inspector of Schools the impugned order is liable to be set aside as it is in gross violation of principles of natural justice. Learned counsel for the petitioner contends that there is no indication or mention of the demand made by the petitioner for supplying a copy of the reply submitted by the respondent no.4 on 29.9.2009.
(3.) SRI Srivastava contends that after having received the contention on behalf of the petitioner the District inspector of Schools vide order dated 2.9.2009 called upon the respondent no.4 to submit his reply which was submitted and which has been considered in detail while passing the impugned order. The error committed by the District Inspector of Schools is that inspite of a written request made, the said reply of the respondent no.4 had never been made available to the petitioner and in the absence of any knowledge of the contents of such objection, the petitioner had absolutely no occasion to submit a reply to the same.;