Suresh Kait, J.;—

1. Vide the instant petition, petitioner seeks setting aside the order dated 27.04.2011 passed by ld. Presiding Officer of Delhi School Tribunal whereby the appeal filed by the petitioner has been dismissed.

2. In brief, the facts of the case are that petitioner was working as a Physical Education Teacher (PET) in the New Era Public School, Mayapuri, New Delhi (hereafter referred to as the respondent School) since 04.07.1983. He was placed in the PGT Grade w.e.f 01.08.2001.

3. Article of Charge of committing gross misconduct specified in Rule 123 of DSER, 1973 and thus he acted in a manner of unbecoming of an employee of the School. The petitioner on 25.04.2008 punished the Students (Boys and Girls) of the School by way of slapping them on their body which tantamount to corporal (physical) punishment. The Provision of Corporation Punishment existing in Rule 37 (1)(a)(ii) and 4, DSER, 1973 was held void of law and hence struck down by this Court in its landmark judgment in Civil Writ Petition 196/1998 Parents Forum for Meaningful Education vs. Union of India.

4. The conduct of the petitioner was criminal in nature attracting Indian Penal Code as well as (i)