Pushpendra Singh Bhati, J. - (1.) That the petitioner was given a memorandun of charge on 20/11/2008 issued by the Chairman of National Counsel for Teacher Education (hereinafter referred as NCTE ). The suspension order was also passed on 19/3/2009 by the chairman of the NCTE. The dispute relating to the charge upon the petitioner was relating to a lease between the NCTE and landlord of House no.1 (kha-8), Jawahar Nagar, Jaipur for 11 months commencing from 1/1/1998. The petitioner alongwith family members occupied the said house even after expiry of lease period as a tenant and the charge relating to occupation of the petitioner after expiry of the lease period was not in purview of misconduct under the provisions of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred as (CCA Rules, 1965).
(2.) The NCTE took legal opinion and such opinion was that the petitioner was in the occupation of the said house in his personal capacity.
(3.) Wife of the petitioner filed a suit for permanent injunction impleading the petitioner-the landlord and NCTE as defendants. The petitioner was holding the post of Regional Director Northern Regional Committee NCTE, when he initially occupied the said premises. The suit filed by the petitioner's wife came to an end by virtue of the compromise between the parties.;