Delhi High Court - Orders
Roohi Rahman vs Hamdard Public School And Ors on 15 May, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5510/2017
ROOHI RAHMAN ..... Petitioner
Through: Mr. Javed Ahmad and Ms. Aakriti
Aditya, Advs.
versus
HAMDARD PUBLIC SCHOOL AND ORS ..... Respondents
Through: Mr. Hitanshu Mishra, Advocate for
Mr. Yeeshu Jain, ASC for R-3
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 15.05.2024 (The proceeding has been conducted through Hybrid Mode)
1. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-
"(a) Issue a writ, order, direction in the nature of certiorari thereby quashing the Memorandum of Charges dated 01.05.2017 issued by the respondents illegally, arbitrarily, and unconstitutionally.
(b) Issue a writ of Certiorari quashing the wrong and illegal suspension order dated 08.03.2017 issued by respondents as the same involves absolutely wrong, false, vague and absurd charges against the petitioner not amounting to breach of Code of Conduct or Service Rules.
(c) Issue a writ of prohibition restraining the respondents from harassing and tormenting the petitioner.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 20:52:10
(d) Pay cost to the petitioner for her harassment and mental agony."
2. The petitioner by virtue of the present writ petition seeks a direction for setting aside the office memorandum of suspension dated 08.03.2017 and office memorandum of charges dated 01.05.2017 primarily on the ground that the same were issued in contravention to Section 8(4) of the Delhi School Education Act, 1973.
3. The said issue raised in the present writ petition is no more res integra in view of the law enunciated by learned Coordinate Bench of this Court in S.S. Tyagi vs. Ravindra Public School and Anr. reported in 2020 SCC OnLine Del 2084.
4. Learned counsel for the respondent very fairly submits that as of now, the law laid down by this Court in S.S. Tyagi (supra) holds the field.
5. In view of the above, applying the ratio of S.S. Tyagi (supra), the writ petition is allowed.
6. The office memorandum of suspension dated 08.03.2017 and office memorandum of charges dated 01.05.2017 are quashed and set aside. However, the respondents shall be at liberty to take appropriate steps in accordance with law in respect of the original cause of action on which the impugned memorandum of suspension and memorandum of charge were issued.
7. Needless to say that the petitioner would be entitled to all consequential benefits as directed in the judgment of S.S. Tyagi (supra). The same be released to the petitioner within six weeks from This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 20:52:10 today.
8. As a consequence of the aforesaid, the petitioner will be permitted to rejoin the services of the respondent.
9. The petition is disposed of with no order as to costs.
TUSHAR RAO GEDELA, J MAY 15, 2024 ns This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 20:52:10