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2016 Supreme(Del) 4371

VALMIKI J.MEHTA
SALWAN BOYS SENIOR SECONDARY SCHOOL – Appellant
Versus
DY. DIRECTOR EDUCATION – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vinay Sabharwal.
For the Respondent: Mr. Siddharth Shankar Ray.

ORDER :

C.M. Appeal No. 45903/2016 (for exemption)

Exemption allowed, subject all to just exceptions.

The application stands disposed of.

W.P. (C) No. 11652/2016 and C.M. Appeal No. 45902/2016 (for stay)

1. Petitioner, by this writ petition, impugns the order of the Director of Education dated 4.11.2016 and which reads as under:-

“OFFICE OF THE DEPUTY DIRECTOR OF ZONE-28, DISTRICT CENTRAL

PLOT NO. 5, JHANDEWALAN, NEW DELHI

NO. D.D.E./Z-28/2016/1739

Dated:- 04.11.2016

To,

The Manager/HOS,

Salwan Boys Sr. Sec. School,

Rajinder Nagar, New Delhi.

Sub:- Proposal of Dismissal in r/o Sh. C.J. Joyson.

Sir/Madam,

Vide UO No. 8096 DE dated 19.10.2016 Directorate of Education has turned down the proposal of DAC which is being conveyed to you for further necessary action at your end:-

1. Fresh Inquiry may be conducted from the stage of appointing a new inquiry officer in place of Sh. S.K. Saraswat.

2. The suspension period of Sh. C.J. Joyson is not extended. He is entitled to join his duty in present school.

Sd/-

DDE

ZONE-28.”

2. The aforesaid cryptic order is clearly a non-speaking order. The order does not give reasons as to why the detailed enquiry report which is prepared running into about 44 pages, and which






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