Authority: High Court of Punjab & Haryana at Chandigarh

Order Date: 20 August 2019

Case Overview

  • Petition filed by Managing Committee, Gandhi Arya High School (petitioner) against Presiding Officer, School and Colleges Tribunal Punjab and others (respondents) under CWP No.2322 of 1994 (O&M).
  • The dispute concerned an order dated 09 November 1993 passed by the State School and Colleges Tribunal, which set aside a 13 November 1992 DPI (Schools) order upholding the dismissal of respondent No.3 and directed the school to reinstate him.
  • The Court, on preliminary hearing on 21 March 1994, stayed the operation of the Tribunal order, preventing reinstatement.
  • During the pendency of the writ petition, respondent No.3 attained superannuation on 29 February 2004.
  • On 28 February 2017, the Court in COCP No.1908 of 2016 recalled its earlier judgment dated 21 January 2016 that had upheld the Tribunal order, observing that post‑retirement there was no basis to deem the respondent suspended and disciplinary proceedings could not be revived.

Final Outcome

  • The writ petition is dismissed as infructuous.
  • Respondent No.3 is granted liberty to file an appropriate application if any cause of action still survives.

Topics: Education Employment, Court Judgment