Ashok Sharma S/O V.K. Sharma vs The Army Welfare Education Society ...
2023 Latest Caselaw 6870 Raj/2

Rajasthan High Court

Ashok Sharma S/O V.K. Sharma vs The Army Welfare Education Society ... on 22 December, 2023

Bench: Manindra Mohan Shrivastava, Shubha Mehta

  [2023:RJ-JP:41235-DB]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                 D.B. Special Appeal (Writ) No.1103/2023

                                             In

        S.B. Civil Miscellaneous Stay Application No.15993/2023

                                             In

                  S.B. Civil Writ Petition No.17025/2023

   Ashok Sharma S/o V.K. Sharma, Aged About 55 Years, Resident
   Of E-708 Samridhi Dyanasty Apartment Kotra, Ajmer, At Present,
   8B-Defence Colony, Air Force Road, Jodhpur, (Rajasthan).
                                                                         ----Appellant
                                         Versus
   1.      The Army Welfare Education Society, Through Managing
           Director, Army Head Quarters Delhi.
   2.      Lt. Gen Southern Command Cum Sr Patron Army Public
           School, Nasirabad, HQ, Awes, Southern Command C/o 56
           APO
   3.      Union Of India, Through Secretary, Ministry Of Defense
           New Delhi.
   4.      Chairman, Army Public School, Nasirabad, District Ajmer,
           (Rajasthan).
   5.      Brigadier Salil Pande, Chairman, Army Public School,
           Nasirabad, District Ajmer (Rajasthan).
                                                                      ----Respondents

For Appellant(s) : Mr. M.C. Taylor, Advocate with Mr. Ranjan Kumar Sharma, Advocate For Respondent(s) : Mr. Virendra Lodha, Senior Advocate assisted by Mr. Shashank Bhansali, Advocate Ms. Manjeet Kaur, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

22/12/2023

[2023:RJ-JP:41235-DB] (2 of 2) [SAW-1103/2023]

1. Heard.

2. This appeal arises out of an order dated 12.12.2023 passed

by Ld. Single Judge whereby prayer for stay of operation of order

of dismissal has been rejected.

3. Learned counsel appearing for the appellant would submit

that the Ld. Single Judge committed patent illegality in rejecting

application for stay because once a very strong prima facie case

was made out by the appellant, there was no bar to even stay the

operation of an order of dismissal. The second submission is that

Ld. Single Judge relied upon a judgment of the Supreme Court,

which was not relied upon by any of the parties and therefore,

without disclosing the same to the appellant, it could not be

allowed.

4. We are afraid that both the submissions are sans

substratum.

5. Ld. Single Judge was dealing with an application for stay of

an order of dismissal. The order of dismissal had already taken

effect. All grounds which have been raised in the petition are open

for consideration at the time of hearing. The discretion exercised

by Ld. Single Judge not to stay an order of dismissal is based on

sound principles. Therefore, there is no scope for interference in

the writ appeal.

6. The appeal is dismissed.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Karan/7

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