Mahavir Singh Chauhan vs State Of Punjab And Others on 14 September, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                  C.W.P. No. 20747 of 2008
                                        DATE OF DECISION : 14.09.2009

Mahavir Singh Chauhan

                                                          ... PETITIONER
                                  Versus
State of Punjab and others

                                                      ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:    Mr. Sameer Sachdeva, Advocate,
            for the petitioner.

            Mr. J.S. Puri, Addl. A.G., Punjab,
            for respondents No.1 and 4.

            Mr. Rajdeep Singh Cheema, Advocate,
            for respondents No.2 and 3.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who was working as Officer Superintendent in

KRM DAV College, Nakodar, has filed the instant petition for setting aside

the order dated 3.9.2008, passed by the Director Public Instruction

(Colleges) Punjab (respondent No.4 herein), whereby the compulsory

retirement of the petitioner has been approved.

Counsel for respondents No.2 and 3 has raised objection that

against the aforesaid impugned order, the petitioner has remedy of appeal

before the Educational Tribunal, Punjab, which has now started working. In
view of this fact, counsel for the petitioner states that the petitioner may be

CWP No. 20747 of 2008 -2-

permitted to withdraw this petition with liberty to file appeal against the

impugned order.

Dismissed as withdrawn with the aforesaid liberty. If the

petitioner files appeal against the impugned order within one month from

today, the Educational Tribunal is directed to consider and decide the same

on merits, after hearing counsel for the parties and by passing a speaking

order. The Tribunal is further directed to decide the appeal expeditiously,

preferably within a period of five months from the date of the filing of

appeal.

September 14, 2009                          ( SATISH KUMAR MITTAL )
ndj                                                  JUDGE