VALMIKI J. MEHTA, J.

W.P. (C) No. 5284/2016

1. In this writ petition two prayers were made. One prayer was for seeking appointment of a Defence Assistant for the petitioner in the enquiry proceedings, and which relief has become infrcutuous because petitioner has been allowed to appoint a Defence Assistant. The second relief prayed by the petitioner is for declaration that the Enquiry Officer while passing the order dated 3.2.2016 has wrongly noted that CCS (CCA) Rules will not apply to subject enquiry proceedings against the petitioner and that what will apply to the enquiry proceedings are the Delhi School Education Act and Rules, 1973 (DSEAR, 1973) inasmuch as petitioner is an employee of a school in Delhi which is governed by the DSEAR, 1973.

2. Learned counsel for the petitioner in support of the argument that CCS (CCA) Rules apply to enquiry proceedings even under the DSEAR, 1973 places reliance upon the circular of the Director of Education dated 25.3.1991 to argue that if there is nothing in the DSEAR, 1973 with respect to conducting of enquiry by the Enquiry Officer appointed by the disciplinary authority, then the CCS (CCA) Rules will apply with respect to the proc