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2013 Supreme(Del) 980

VALMIKI J.MEHTA
S. V. Sharma – Appellant
Versus
Director of Education – Respondent


Advocates Appeared:
For the Petitioner:H.K. Chaturvedi, Advocate.
For the Respondents:R1, Vaibhav Misra, R2, Saket Sikri, Advocates.

JUDGMENT

Valmiki J. Mehta, J.

1. This writ petition is filed by the petitioner-Mrs. S.V. Sharma impugning the order of the Delhi School Tribunal (DST) dated 28.8.2001. By the impugned order, the DST dismissed the appeal of the present petitioner and upheld the enquiry report and the order of the Disciplinary Authority imposing the penalty of removal from services upon the petitioner.

2. Before me two main grounds are urged for impugning the orders of the Disciplinary Authority and the DST. The first ground is that one Mrs. M. Varshney was a member of the Disciplinary Committee, who imposed the punishment upon the petitioner and who also appeared as a witness in the proceedings, thereby the order of the Disciplinary Authority is liable to be set aside on the ground of bias. Reliance is placed upon certain paragraphs of the judgment of the Supreme Court in the case of Rattan Lal Sharma Vs. Managing Committee, Dr. Hari Ram (Co-education) Higher Secondary School and Ors. AIR 1993 SC 2155: 1993 (4) SCC 10. The second ground which is urged before me is that principles of natural justice are violated because petitioner was not given documents in the enquiry proceedings, and which action of






















































































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