CW 785/10 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.785/10 Prakash Narain Sharma Versus Director, Secondary Education & Ors. DATE OF ORDER : 11/02/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Akhil Simlote, for petitioner Mr. Prahlad Singh ] for respondent Mr.B.B.B. Sharma] *** Petitioner & respondent No.2 – both are holding the post of Principal. However, respondent No.2 Madan Lal Sharma on being transferred from Durgapura to Raithal vide order dt.18th December, 2009 [Ann.2], preferred appeal before Tribunal. However, at admission stage, after hearing Counsel for respondent No.2, the Tribunal has disposed of appeal on 11th January, 2010 with the direction to the respondent for making representation against order impugned dt.18th December, 2009 and in the meanwhile, operation of order impugned remain stayed for a period of two months. Counsel for petitioner submits that he is the person who is directly affected and the finding/observations which was recorded by the Tribunal in the operative part of order certainly CW 785/10 [2] prejudice right of the petitioner and what has been observed, if taken note of by the State Government while examining representation made by petitioner, nothing remains to be examined by the competent authority. Respondent No.2 has entered as caveator. Counsel submits that there are mere observations and it will be open for the State Government to examine representation which the respondent- appellant has submitted in pursuance of order of Tribunal independently in accordance with law. This Court finds substance in the submission made by Counsel for petitioner that observation which has been made by learned Tribunal while disposing of appeal certainly will cause prejudice right of the petitioner and which has been recorded without affording opportunity of hearing by learned Tribunal. Taking note thereof, this Court considers it appropriate to direct the petitioner to make representation within one week and the authority competent may examine the representation submitted by petitioner as well as of respondent No.2 independently without being prejudiced by the observations which has been made by learned CW 785/10 [3] Tribunal while disposing of appeal preferred by respondent No.2 dt.11th January, 2010 in Appeal No.2113/09 and taking note of grievance of petitioner as well as respondent No.2 may pass appropriate orders within one month in accordance with law. However, in the meanwhile, petitioner shall not be disturbed in pursuance of order of Tribunal dt.11/01/2010. With these directions/observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA785CW10 11-02.doc