Davender Krishan Malhotra vs The Educational Tribunal And Ors
2024 Latest Caselaw 10642 P&H

Punjab-Haryana High Court

Davender Krishan Malhotra vs The Educational Tribunal And Ors on 2 July, 2024

                                        Neutral Citation No:=2024:PHHC:082804



CWP-2840-2021
         2021 & connected matters                                                -1--


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

219                                               CWP
                                                  CWP-2840-2021 (O&M)
                                                  Date of Decision: 02.07.2024

Niket                                                             ...Petitioner(s)


                                        Versus


Educational Tribunal, Yamuna Nagar and others                     ...Respondent(s)

                                          And

                                                   CWP
                                                   CWP-2880-2021 (O&M)

Sanjay Bhardwaj                                                   ...Petitioner(s)


                                        Versus

Educational Tribunal, Yamuna Nagar and others                     ...Respondent(s)

                                          And

                                                   CWP
                                                   CWP-2971-2021 (O&M)

Davender Krishan Malhotra                                         ...Petitioner(s)


                                        Versus


Educational Tribunal, Yamuna Nagar and others                     ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:-     Mr. R.K. Arora, Advocate for the petitioner
                                               petitioners

              Mr. Rajdeep Singh Cheema, Advocate for respondents no.2 to 4

              ***
TRIBHUVAN DAHIYA,
          DAHIYA J. (Oral)

The petitions have been filed against the orders passed by the These

Educational Tribunal, Tribunal Yamuna Nagar, dismissing the petitioners' appeals

against the termination of their services by the management.

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Neutral Citation No:=2024:PHHC:082804

CWP-2840-2021 2021 & connected matters -2--

2. It is not disputed at the Bar that no written statement on behalf of

the management/respondents no.2 to 4 was filed before the Tribunal, and the

petitions were decided only on the basis of reply to the stay application applications filed

on their behalf.

3. Learned counsel representing representing the management contends that the

Tribunal did not follow proper procedure to adjudicate the appeals, which

calls for remanding the matters for fresh adjudication in accordance with law law.

4. U Undisputedly, the appeals were decided without affording due

opportunity to the respondents management to contest the same by filing

detailed written statements and bringing on record relevant facts/documents facts/documents..

The mandatory procedure required under law to adjudicate the matter matters was

not followed.. Accordingly, the impugned judgments are set aside, and the

appeals are remanded to the Educational Tribunal at Yamuna Nagar to decide

the same afresh, afresh preferably within a period of six months months, after following due

procedure in accordance with law.

law

5. Pending application(s), if any, also stand disposed of as having

been rendered infructuous.

6. A photocopy of this order be placed on connected file files.

(TRIBHUVAN DAHIYA)) JUDGE 02.07.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No

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