Ramlata Chahar vs Ram Karan Yadav, Prin. Dist. Ins. of Edu. Shivrampur

Hon''ble Vikram Nath, J.—Pursuant to the order dated 11.11.2011, Sri Ram Karan Yadav, Principal District Institute of Education and Training (DIET), Shivarampur, district Chitrakoot is present. Sri P.K. Pandey, learned Standing Counsel has filed an affidavit of compliance on his behalf. The affidavit of compliance has not been served on the learned counsel for the applicant as at the time when the case has been taken up the learned counsel for the applicant is not present. Along with the affidavit of compliance is annexed an order dated 13.11.2011 passed by the opposite party No. 1 whereby the applicant has been permitted to undergo the Special BTC Training. Further from the record it appears that the Impleadment Application No. 272818 of 2011 was allowed vide order dated 11.10.2011, permitting the applicant to implead Sri Anil Sant and Sri D.C. Kannojia as the opposite parties nos.2 & 3. Necessary incorporation has been carried out Let notices be issued to the opposite parties nos.2 & 3. Steps may be taken within a week. Upon steps being taken office will dispatch notices fixing 23.1.2012. Application will be listed on the said date. Along with the notice the office will also sent a copy of the orders dated 18.10.2011, 11.11.2011 (passed on the order sheet), 11.10.2011 (passed on the impleadment application) as also a copy of this order issuing notice to the opposite parties nos. 2 & 3. The opposite parties 2 & 3 in response to the notice so issued may explain by filing an affidavit, as to under what circumstances the directions of the writ court were not complied with even though Special Appeal had been dismissed on 8.9.2010 and the Apex Court had refused to grant interim order in the SLP filed against the impugned judgment in the case of Jitendra Kumar Soni and others on 8.2.2011. It is only when personal appearance of the opposite party and the order providing for framing of charges in the event of non compliance were issued that the directions of the writ court have now been complied with after 1 and 1/2 year and that too by a conditional order which does not decide the representation of the applicant. Further a perusal of the order passed by the Principal, DIET, Shivrampur, district Chitrakoot on 23.11.2011, indicates that the same has been passed upon directions issued by the Director, SCERT (the opposite party no.3). On the next date the opposite party no.1 shall again remain present.