KENDRIYA VIDYALAYA SANGATHAN Vs. VIDHYA SAGAR KHANNA

JUDGEMENT

(1.) Kendriya Vidyalaya Sangathan and its functionaries have filed this Writ Petition questioning the Central Administrative Tribunal Chandigarh Bench (Circuit Bench at Jammu)'s order dated 18.11.2009 in O.A. No.268/TK/2008 whereby Sangathan's order dated 05.10.2007 and subsequent orders removing Vidhya Sagar Khanna from the service of the Kendriya Vidyalaya Sangathan with effect from the date of his remaining absent from duty were set aside issuing directions to the Competent Authority of the Sangathan to pass fresh appropriate orders as per rules affording opportunity of hearing to respondent No.1.

(2.) We have heard petitioners' learned counsel and perused the orders of the Tribunal and those of the Sangathan dealing with respondent No.1's service.

(3.) The Tribunal has relied upon the Supplementary Instructions incorporated in the Education Code governing the service conditions of the employees of the Kendriya Vidyalayas to justify its conclusion that respondent No.1's removal from service was bad in law for violation of the principles of Natural Justice. Clause-Ill of the Instructions, relied upon by the Tribunal, reads thus:-