- (1.) The management of Ch. Mohd. Yasin Khan, Meo High School, Nuh has filed the instant Letters Patent Appeal challenging the order dated 14.9.2011 passed by the learned Single Judge, whereby the writ petition (CWP No. 9507 of 2008) filed by respondent No. 1 challenging the order of his compulsory retirement, has been allowed. We have heard the learned counsel for the appellant and gone through the impugned order.
(2.) The learned Single Judge while taking into consideration the grounds on which respondent No. 1, who was working as Social Studies Master in the school, was compulsorily retired and the decisions of this Court in A.S.I. Radhey Shyam vs. Union of India and others,2001 2 RSJ 172, S.B. Panihar vs. Haryana Vidyut Prasaran Nigam Limited reported as 2001 (2) RSJ 240 and Mohan Lal Vohra vs. State of Haryana, 1992 2 642, has come to the conclusion that the reasons on which respondent No. 1 was compulsorily retired, are stigmatic and passed without any enquiry, therefore, the order of compulsory retirement could not be sustained.
(3.) Learned counsel for the appellant could not dispute the factual position with regard to the grounds on which respondent No. 1 was compulsorily retired. After going through those grounds, we are of the opinion that the same are stigmatic and are required to be established in the enquiry, which has not been conducted before passing the order of compulsory retirement of respondent No. 1. Thus, we do not find any ground to interfere in the impugned order. Dismissed.;