- (1.) CM No.12210 -C of 2012: For the reasons mentioned in the application which is supported by an affidavit, delay of 37 days in re -filing this appeal is condoned. The application is disposed of.
(2.) THIS is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration to the effect that order dated 23.11.2005 dismissing him from service is illegal and null and void and consequential relief of mandatory injunction to direct the defendant -respondents to reinstate him in service or in the alternative, provide him some adequate compensation was dismissed.
(3.) AS per the facts, the appellant was appointed as PTI by the defendant -respondents vide order dated 26.3.2001 and was kept on probation for a period of two years. He was served with a chargesheet dated 14.10.2005 and consequent thereto, he was suspended from service. The plaintiff was asked to submit his explanation vide letter dated 7.10.2005, whereupon an Enquiry Committee was constituted and Lt. Col. Sunhara Singh (Retd.) was appointed as Presiding Officer along with two other members and resultantly, thereafter, a show cause notice was served upon him, to which, he submitted reply. However, the Enquiry Committee without considering the reply, dismissed his services vide order dated 23.11.2005. Against the said order, the appellant filed an appeal before the Disciplinary Committee but no action was taken on the said appeal. Hence, the present suit. Upon notice, the defendants filed a joint written statement raising various preliminary objections. On merits, it was stated that the plaintiff used to misbehave with the lady teachers and when his act and conduct became intolerable, notice of breach of conduct was given to him on 4.10.2005 and after considering his reply as unsatisfactory, he was placed under suspension on 10.10.2005. Thereafter, a chargesheet was served upon him on 14.10.2005 and a Court of enquiry was constituted by the Management Committee, as provided under bye -laws of the CBSE. Proceedings were conducted by the Committee on 5.11.2005 after giving notice to him but he did not appear before the Court of Enquiry. Consequently, show cause notice dated 10.11.2005 with a copy of findings of the Court of Enquiry were served upon the appellant seeking his reply. After considering his reply of the appellant, the Management Committee resolved to dismiss him from services. It was further submitted that appeal against the said order was dismissed by the Disciplinary Committee. Rest of the contents of the plaint were denied and dismissal of the suit was prayed.;