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2013 Supreme(Del) 106

D.MURUGESAN, V.K.JAIN
Air Force Senior Secondary School – Appellant
Versus
Pushpa Sah – Respondent


Advocate Appeared:
For the Appellants:K.K. Sharma, Sr. Adv with Bhanita Patowary, Advocate.
For the Respondent:R1 -J.P. Senth, Sr. Adv with Sumeet Batra & Ankita Gupta, R2 & R3 - Swastik Varma with Sonam Anand, Advocates.

Judgment :-

V.K. JAIN, J.

1. The respondent No.1, Pushpa Shah, who was working as librarian with the appellant school, was issued a charge sheet, alleging various acts of misconduct insubordination etc. After holding a Departmental Inquiry into the charges, penalty of dismissal of service was imposed upon her. She filed an appeal before the Delhi School Tribunal (hereinafter referred to as ‘the Tribunal’) challenging the order of dismissal. Vide order dated 17th December, 2002, the Tribunal quashed the penalty imposed upon respondent No.1 and remanded the matter back with directions to constitute a fresh Disciplinary Authority Committee (hereinafter referred to as ‘DAC’), with the approval of respondent No.3 Director of Education. In compliance of the order passed by the Tribunal a DAC was constituted. In its meeting held on 11th July 2003, the DAC resolved to issue a Show Cause Notice, based upon the earlier charge sheet issued to respondent No.1, and hold an inquiry into those charges. The copy of the charge sheet was forwarded to respondent No.1 vide letter dated 29th July, 2003. Vide letter dated 31.10.2003, she sought payment of subsistence allowance to enable her to engage a D









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