Heard by consent of the parties.

2} The petitioner has challenged the impugned order dated 23.12.2011 whereby the learned Presiding Officer, considering the termination notice and undisputed facts that no opportunity whatsoever was given before terminating the respondent and thereby caused breach of principles of natural justice, has set aside the termination notice and directed to reinstate to the post of Laboratory Attendant with continuity and back wages. Though time was granted, till this date the order is not yet complied with.

3} The learned counsel appearing for the petitioner has strongly relied on the Judgment of the Full Bench in Saindranath Jagannath Jawanjal vs. Pratibha Shikshan Sanstha & Anr (2007 (3) Bombay Cases Reporter 527)and placed reliance specifically on paragraphs 45 and 46 which reads as under:

“45 ….In this behalf, readily available judgments are in the case of (State of Punjab and others vs. Dr. Harbhajan Singh Greasy, U.P. State Spinning Co. Ltd. vs. R.S. Pandey and anr, (2005) 8 SCC 264, (U. P. State Textile Corpn. Ltd. vs. P.C. Chaturvedi and others, 2005(8) SCC 211; wherein the Supreme Court has observed that in case of no enquiry or defectiv