CWP No. 862 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 862 of 2010 Date of Decision: 1.2.2010 Professor Tara Singh and another ....Petitioners. Versus Educational Tribunal, Punjab and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Tribhawan Singla, Advocate for the petitioners. AJAY KUMAR MITTAL, J. The petitioners have approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 12.11.2009 (Annexure P-23) passed by respondent No.1 whereby their case was remanded back to respondent No.2 for fresh decision. Respondent No.1 while remanding the case of the petitioners to respondent No.2 for fresh decision had in para 7 of its order recorded as under:- “7. The so called acceptance of the joining reports of these employees by the College Principal Sh.P.S. Bawa on 29th March 2007 was not the subject matter of any charge against the employees. It had no connection even. The Management had not CWP No. 862 of 2010 -2- represented to the Director that it had accepted the case of the employees with the alleged joining reports or that the references may be dropped or that the employees be reinstated in the service. Had there been any representation before the Director, there would have been some express/implied consent by the Management. The findings given by the Director in our view was totally beyond the scope of his Jurisdiction and against the provisions of Section 4 (Sub Clause 3) of the Act. Therefore, the impugned order is not sustainable and has to be set aside and we order accordingly. The net results is that both the appeals are allowed. The impugned order is set aside and both the references are remanded back to the Director to return a fresh finding in the light of the charges framed against the employees and in the light of the observations made above. He must act according to the provisions of Section 4 (Sub Clause 3) and the Rules framed under the Act. It will be within the domain of the learned Director to see whether the proposed punishment commensurates with the charges framed against the employees. The Learned Director shall decide the references within two months from the date of appearance of the parties, who are directed to appear before him on 4th of January, 2010. Copy CWP No. 862 of 2010 -3- of the judgment be sent to D.P.I. (C) for the compliance. Record be returned.” In view of the above, this Court is satisfied that no ground to exercise its jurisdiction under Articles 226/227 of the Constitution of India is made out. The present writ petition is accordingly dismissed. February 1, 2010 (AJAY KUMAR MITTAL) gbs JUDGE