Delhi High Court - Orders
Dinesh Prasad Singh vs Vivekanand School & Anr on 13 October, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 7651/2020, CM Nos. 25322/2020, 25323/2020
DINESH PRASAD SINGH ..... Petitioner
Through Mr. Anuj Aggarwal, Advocate.
versus
VIVEKANAND SCHOOL & ANR. ..... Respondents
Through Mr. Pramod Gupta, Advocate for R-1.
Mr. V. Balaji, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 13.10.2020 Hearing has been conducted through Video Conferencing. The Petitioner herein was appointed as TGT (Computer Science) on 21.11.1991. Vide memorandum dated 14.03.2018 the charge sheet was served on the Petitioner for misconduct of inflicting corporal punishment to the students.
Reply to the charge sheet was filed by the Petitioner on 28.03.2018 denying the allegations made. Thereafter, vide the impugned order dated 16.04.2018 Petitioner was placed under suspension with immediate effect.
It is undisputed between the parties that the proceedings of the departmental inquiry have culminated into the school proposing a penalty against the Petitioner and the proposal is currently pending with the Director of Education for its approval.
The grievance of the Petitioner in the present petition is that the subsistence allowance has not been paid to him with effect from 01.03.2020.
The Petitioner also seeks quashing of the suspension order on the ground that in terms of Section 8(4) of the Delhi School Education Act, 1973, after the period of 15 days, in the absence of approval by the Director of Education, the suspension order has lapsed. He seeks consequential relief of full salary and allowances with effect from 16.04.2018.
Issue notice.
Mr. Pramod Gupta, Advocate accepts notice on behalf of Respondent No. 1.
Mr. V. Balaji, Advocate accepts notice on behalf of Respondent No.
2. Let counter affidavits be filed within a period of four weeks from today. Rejoinders, if any, be filed before the next date of hearing.
List on 19.01.2021.
JYOTI SINGH, J OCTOBER 13, 2020/yo