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2013 Supreme(Del) 403

PRADEEP NANDRAJOG, V.KAMESWAR RAO
GOVT. OF NCT OF DELHI – Appellant
Versus
NARESH KUMAR KATARIA – Respondent


Advocates:
Advocate Appeared:
Ms. Avnish Ahlawat, Advocate with Mr. Vibhav Misra, Advocate
Mr. Anuj Aggarwal, Advocate

JUDGMENT

PRADEEP NANDRAJOG, J. (Oral)

1. Heard learned counsel for the parties.

2. Record perused.

3. Respondent was a part time vocational teacher (Stenography) appointed by the Directorate of Education and was posted at Updesh Kaur Sarvodaya Kanya vidyalaya, Daryapur Kalan. His services were terminated vide order dated December 17, 2009, which reads as under:-

“To,

Shri Naresh Kataria,

Part-time Vocational teacher,

(Stenography, English),

S/o Sh.Pokar Das,

H.No.-1072, V&P.O.-Bawana,

Delhi- 110 039.

Sir,

I am directed to convey that the competent authority has terminated your part-time appointment on contingent basis in Vocational Education Branch with immediate effect.

Sd/

(ABHA JOSHI)

Dy. Director of Education (Voc.)”

4. The order has been quashed by the Tribunal.

5. The reasoning of the Tribunal is in para 10 of the opinion of the Tribunal, which reads as under;-

“10. In our considered opinion, even if the appellant is a part time teacher, his services can be terminated only after duly complying with the basic requirements of the principles of natural justice as laid down by the Apex Court in Babban Prasad Yadav’s case (supra) and Rathin Pal’s case (supra). The applicant’s























































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