Jharkhand High Court
Vidya Bharti Chinmaya Vidyalaya & ... vs Subra Palit on 2 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. C. (S.B.) Case No. 09 of 2021
Vidya Bharti Chinmaya Vidyalaya & Anr. .... .... Appellants
Versus
Subra Palit .... .... Respondent
------
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
------
For the Appellants : Mr. V.P. Singh, Sr. Advocate
: Mrs. Rashmi Kumar, Advocate
Oral Order
02 / Dated : 02.11.2021
This case has been mentioned and filed through email and is being
heard on the basis of urgent in nature.
I.A. No. 6330 of 2021
Heard learned counsel appearing for the appellants.
The present application has been preferred for setting aside the orders
dated 02.08.2021 and 18.08.2021 in Execution Case No. 09 of 2017
passed by the learned Jharkhand Education Tribunal, Ranchi filed by the
respondent seeking execution of the order dated 01.09.2014 passed by the
learned Jharkhand Education Tribunal in Case No. 43 of 2010 (JET),
whereby and whereunder, the Tribunal has been pleased to set aside the
order of termination of service of the respondent along with reinstatement
in service.
Background of facts leading to this case is that the respondent was a
teacher in Vidya Bharti Chinmaya Vidyalaya and he was dismissed from
service by the School Management vide order dated 08.06.20210.
Aggrieved by the said order, the respondent moved the Jharkhand
Education Tribunal in Case No. 43 of 2010 (JET) and vide order dated
01.09.2014 the application of the respondent was allowed by learned
Jharkhand Education Tribunal and the order of dismissal was set aside.
The appellants preferred A.C.(S.B.) Case No. 15 of 2014 before this Court
under Section 15 of the Jharkhand Education Tribunal Act, 2004 against
the order passed by the Tribunal which was dismissed vide order dated
03.08.2018. Against the dismissal of A.C.(S.B.) Case No. 15 of 2014, the
appellants preferred an appeal being A.C.(D.B.) No. 02 of 2018 in which
after hearing both the parties, the Division Bench of this Court vide its
order dated 24.04.2019 was pleased to refer the matter before the Chief
Justice in its administrative side for considering the constitution of a Full
Bench comprising of five Hon'ble Judges for determining the following
question:-
"Whether, having regard to the provisions of Section 100A of the
Code of Civil Procedure, an appeal before a Division Bench of this
Court is maintainable under clause 10 of the Letters Patent against a
judgment of a learned Singh Judge of this Court delivered in exercise
of appellate jurisdiction under a statute, which statue does not
provide for further intra-court appeal?
Urgency to file I.A. No. 6330 of 2021 is for stay of the orders dated
02.08.2021 and 18.08.2021 passed in Execution Case No. 9 of 2017 by
the learned Jharkhand Education Tribunal.
The main contention of the appellants is that these orders were passed
by the learned Tribunal because it was misled by submission made that no
case is pending in any manner and the Court has dismissed I.A. No. 2461
of 2018 as a matter of fact, as stated above earlier. After dismissal of the
said interlocutory application, A.C.(D.B.) No. 2 of 2018 has been referred
to the Full Bench of Five Hon'ble Judges.
It is further submitted that if the execution proceeding is not stayed,
the appeal will be rendered as infructuous.
Accordingly, operation of the orders dated 02.08.2021 and 18.08.2021
passed in Execution Case No. 09/2017 by learned Jharkhand Education
Tribunal, is stayed till one month from today.
I.A. No. 6330 of 2021 stands disposed of.
A. C. (S.B.) Case No. 09 of 2021
As prayed, two weeks' time after Dipawali holidays is allowed to
learned counsel for the appellants to file requisites etc. under registered
cover with A/D as well as under ordinary process for the purpose of
issuance of service of notice upon the sole respondent on his present and
correct address.
In the meantime, let the defects as pointed out by the office be
removed by the appellants.
(Gautam Kumar Choudhary, J.)
AKT
