Rajiv Sahai Endlaw, J.

1. The petition impugns the judgment dated 30th April, 2009 of the Delhi School Tribunal allowing the appeal of the Respondent No. 2 Mr. A.A. Vetal and setting aside the order dated 27th February, 2001 of the Managing Committee of the Dayawati Shyam Sunder Gupta Saraswati Bal Mandir (School managed by the Petitioner Society) of removal of the Respondent No. 2 from the post of the Vice Principal and of dismissal from the services of the said School and reinstating the Respondent No. 2 to his post and directing the Managing Committee of the School to decide the question of payment of salary, allowance and consequential benefits for the intervening period within two months thereof.

2. Notice of the petition was issued and vide order dated 3rd August, 2009 which continues to be in force, the implementation of the order of the Tribunal was stayed. The pleadings have been completed and the counsels have been heard.

3. The Respondent No. 2 was appointed in the year 1972 as Head Master of the Primary section of the School of the Petitioner and was in the year 1976 promoted as a TGT and was appointed as a Vice Principal of the School in the year 1996. The Respondent No. 2 was placed under suspension on 7th December, 1998. It was the case of the Respondent No. 2 that he could not have been suspended without prior approval of the Respondent No. 1 Directorate of Education and he accordingly represented to the Directorate of Education in this regard. The Directorate of Education on 21st May, 1999 directed the School to revoke the suspension order. The School earlier filed Civil Writ No. 3745/1999 in this Court and by interim order wherein the order dated 21st May, 1999 of the Directorate of Education was stayed.

4. The Respondent No. 2 was served with a charge sheet dated 2nd April, 1999. He was charged with calling as many as 17 girl students of Class VII to class X of the School outside the classroom for one reason or the other and having touched their bodies and indulged in obscene acts with them. He was also charged with calling lady teachers for talks and embracing them and doing other obscene acts in their presence. The copies of the complaints against the Respondent No. 2 were attached to the charge sheet.

5. The charge sheet was signed by the Manager of the School on behalf of the Managing Committee of the School. The Respondent No. 2 in his reply dated 19th April, 1999 to the charge sheet took a preliminary objection that the charge sheet had not been issued by the Disciplinary Authority (constituted as per Rule 118), as required under Rule 120. Rule 118 of the Delhi School Education Rules, 1973 (School Education Rules) is as under:

118. Disciplinary authorities in respect of employees. - The disciplinary committee in respect of every recognized private school, whether aided or not, shall consist of -

(i) the Chairman of the managing committee of the school;

(ii) the manager of the school;

(iii) a nominee of the Director, in the case of an aided school, or a nominee of the appropriate authority, in the case of an unaided school;

(iv) the head of the school, except where the disciplinary proceeding is against him and where the disciplinary proceeding is against the Head of the school, the Head of any other school, nominated by the Director;

(v) a teacher who is a member of the managing committee of the school, nominated by the Chairman of such managing committee.

6. Upon receipt of the reply aforesaid to the charge sheet, the School on 21st April, 1999 wrote to the Directorate of Education informing of the suspension and charge sheeting of the Respondent No. 2 and requesting nomination by the Directorate of Education to the five member Disciplinary Committee. The Directorate of Education vide order dated 25th August, 1999 appointed Smt. Maya Biswas, Education Officer, District South West and Smt. Usha Arora, Principal SKV Moti Bagh-I respectively as his nominees on the Disciplinary Committee setup to initiate dis