RR YADAV v. LALITPRASAD KAUSHIK

#. Rule returnable today. Learned advocate Mr.Sharma appears for and waives service on behalf of the respondent No.1 and learned AGP Mr.Joshi appears for and waives service on behalf of the respondent Nos.2 and 3. #. It is undisputed that the petitioners did not enter their appearance before the learned Tribunal and the matter has been decided by the Tribunal in their absence. The question is, whether the petitioners are liable to pay the entire amount of salary due and payable to the respondent No.1. The question requires to be adjudicated by leading evidence. #. On the facts and circumstances of the case and with the consent of the learned advocates, the impugned judgment and order dated 18th March, 1999 of the Secondary Education Tribunal rendered in Application No.106 of 1994 is quashed and set aside. The Application No.106 of 1994 is remanded to the learned Tribunal for hearing and decision afresh on condition that; (A) The petitioners shall, within a period of three weeks from today, pay a sum of Rs.5,000/- to each of the respondents nos. 1 and 2 by way of costs of this petition; (B) The petitioners shall enter their appearance before the learned Tribunal within a period of one week thereafter; and (C) The petitioners shall scrupulously remain present before the learned Tribunal and shall not ask for avoidable adjournment. #. The petition is allowed in the above terms. Rule is made absolute accordingly. Respondent no.3 shall bare its own costs. (cid:9) (cid:9)(Ms.R.M.Doshit,J.) (pathan) (cid:9) (cid:9)