SHARMA, J. - (1.) THE petitioner had filed writ petition challenging the termination order dated July 1, 1991. This court vide interim order dated July 19, 1991 stayed the order of termination. During the pendency of writ petition the respondent Panchayat Samiti Chhabra vide order dated July 24, 1991 set aside the order of termination and regularised the services of petitioner w. e. f. July 3, 1991. In view of the fact that the relief sought in the write petition was granted by the Punctuate Samiti itself, the petitioner prayed to withdraw the writ petition and vide order dated May 1, 2000, the writ petition stood dismissed as withdrawn. No sooner did the order of dismissal come to the notice of Panchayat Samiti, it again terminated the services of the petitioner vide order dated May 4, 2000. THE petitioner has now prayed to recall the order dated May 1, 2000.
(2.) I have heard the rival submissions and perused the reply filed on behalf of the Panchayat Samiti as well as the order dated May 4, 2000. It appears that the order dated May 4, 2000 was issued on the advice of the counsel who represented Panchayat Samiti in the writ petition. As noticed earlier, the prayer of withdrawal of writ petition was made in vide of the fact that the order of termination was set aside and the services of petitioner were regularised. In these circumstances the act of the petitioner in withdrawing the writ petition was justified. The Panchayat Samiti, after setting aside the termination order dated July 1, 1991 and regularising the services of the petitioner could not have passed a fresh order of termination on the ground that the writ petition was dismissed as withdrawn. It is well settled that the power of review can be exercised to prevent palpable errors and miscarriage of justice and the court max would the relief having regard the facts of the case and in the interest of justice. As the act of Panchayat Samiti has caused injustice to the petitioner, I deem it appropriate in the interest of justice to recall the order dated May 1, 2000. For the foregoing reasons, the order dated May 1, 2000 is recalled and the writ petition is restored to its original number. The interim order that was passed on July 19, 1991 stands restored and the operation of the subsequent order dated May 4, 2000, stands stayed. The Panchayat Samiti is directed to reinstate the petitioner forthwith preferably within 7 days of receipt of certified copy of this order and the petitioner shall be deemed to be in service as if his services had never been terminated. The review petition stands allowed as indicated above. . ;