Neha Gambhir vs Adarsh World School And Ors on 30 March, 2022

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Delhi High Court - Orders

Neha Gambhir vs Adarsh World School And Ors on 30 March, 2022

Bench: V. Kameswar Rao

                              $~3
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 4284/2022, CM APPL. 12742/2022
                                    NEHA GAMBHIR                               ..... Petitioner
                                                     Through: Mr. Nikhilesh Kumar, Adv.

                                                       versus

                                    ADARSH WORLD SCHOOL AND ORS          ..... Respondent
                                                Through: Mr. Samdarshi Sanjay, Adv. for R-1
                                                         to R-3

                                    CORAM:
                                    HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                            ORDER

% 30.03.2022

1. This petition has been filed by the petitioner with the following the following prayers:-

"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

a) Issue a writ of mandamus, order or direction, to set aside the order / letter dated 24.2.2022 (Annexure P-26) passed by the Respondent No.3 being violative of Article 14 , 16 and 21 of the Constitution of India and permit Sh. Gurvinder Singh Saini to act as defense assistant of the Petitioner;

b) Issue a writ of mandamus, order or direction to declare and set aside all orders passed by the Inquiry Officer being null and void and without jurisdiction;

c) Issue a writ of mandamus, order or direction, directing the Respondent No.4 to appoint an independent Inquiry Officer to conduct the present disciplinary proceedings;

d) Issue a writ of mandamus, order or direction to quash the Disciplinary Proceedings initiated vide Memorandum No. Aws/Dwk/12/2021-22/400 dated 3.12.2021 and all other proceedings emanating therefrom (Annexure P-4) being actuated with malafide.

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:02.04.2022 17:55:26

e) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2. The challenge in this petition primarily is that the Inquiry Officer has barred the Defence Assistant of the petitioner to participate in the proceedings against the petitioner.

3. Learned counsel for the respondent Nos.1 to 3 states that they have no objection to allow the same Defence Assistant to represent petitioner in the inquiry proceedings provided the Inquiry Officer is permitted to videograph the inquiry proceedings. This submission is accepted by Mr. Nikhilesh Kumar, Advocate, appearing for the petitioner.

4. If that be so, the Inquiry Officer shall be within its right to videograph the proceedings and preserve the same.

5. At this stage, Mr. Nikhilesh Kumar states that certain orders passed by the Inquiry Officer after the Defence Assistant was barred be set aside and the Inquiry Officer be directed to hold the proceedings from that stage.

6. This plea of Mr. Kumar is reasonable. The same is allowed.

7. The Inquiry Officer shall hold the proceedings from the date when the Defence Assistant was not allowed to participate in the proceedings. Any order passed subsequent thereto shall not have any affect.

8. All the pleas of the petitioner and the respondents are left open to be agitated after the proceedings culminate in a final order.

9. Petition disposed of.

V. KAMESWAR RAO, J MARCH 30, 2022/ds Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:02.04.2022 17:55:26

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Delhi High Court - Orders