- (1.) INSTANT intra -court appeal has been preferred against order of the ld. Single Judge dt. 02/05/2001.
(2.) THE salient facts, which can be noticed and relevant for our consideration, are that the respondent -employee joined service in the cadre of Class IV in July, 1991 in the educational institution run by the appellant -Samiti which, as informed, is an aided institution getting 60% aid from the Government.
(3.) FOR some alleged misconduct, explanation of the respondent -employee was called for on 16th September, 1994 followed with explanation dt. 26th September, 1994. In compliance thereof, written explanation was submitted by him on 17th September, 1994 and 27th September, 1994 respectively and since his written explanation was not found satisfactory to the management of the institution, after placing him under suspension on 21st November, 1994, a charge sheet dt. 18th January, 1995 was served upon him. In all eight allegations were levelled and most of them were in respect of his mis -behaviour with one or the other staff member and in the regular course of enquiry, statement of departmental witnesses were recorded in the form of questionnaire which was made available to each of them and the departmental witness filled their questionnaire and was supplied to the inquiry officer but no regular examination in chief of the department witnesses was recorded in the course of enquiry and since it was submitted at the back of the delinquent employee, he wrote a letter to the Chairman of Jain Shikshi Samiti, Tijara on 30/09/1995 (Exhibit -15) and made a request that the statement of departmental witnesses submitted to enquiry officer are recorded at his back and at least he may be served with copy of the statement recorded of the departmental witnesses so that he may also submit his reply but indisputably that was not submitted to him. However, finally the respondent -employee was held guilty and punished with penalty of removal from service vide order dt. 2nd December, 1995 and that was the subject matter of challenge by filing of appeal before the Rajasthan Non -Government Educational Institutions Tribunal (for short, 'Tribunal') under the Rajasthan Non -Government Educational Institutions Act, 1989 (for short, the 'Act of 1989').;