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2022 Supreme(Del) 861

V. KAMESWAR RAO
Managing Committee Of The Pinnacle School – Appellant
Versus
Directorate Of Education And Another – Respondent


Advocates appeared:
Mr. Rakesh Khanna, Sr. Adv. with Mr. Kartickay Mathur & Mr. Himanshu Bhandari, Advs, for the Petitioner; Mr. Anuj Aggarwal, ASC with Ms. Ayushi Bansal, Ms. Sanyam Suri & Ms. Aishwarya Sharma, Advs, for the Respondent Nos. 1 to 2

Judgement Key Points

Key Points: - The judgment discusses the necessity of DoE approval before removal of a teacher/employee (Raj Kumar v. Director of Education & Ors.). (!) (!) - It analyzes alleged violations of DSEAR Rules 118 and 120, including improper constitution of the DAC, appointment of Inquiry Officer by the Managing Committee, and charge sheet issued by the Chairman rather than the DAC (and their impact on natural justice). (!) (!) (!) (!) (!) (!) (!) - The Tribunal's setting aside of the removal order is examined; the High Court ultimately vitiates the removal and allows de-novo proceedings strictly adhering to natural justice and DSEAR rules. (!) (!) - The case discusses whether Kathuria Public School and Raj Kumar have prospective vs. retrospective effect on DoE approval requirements under Section 8(2) DSEAR. (!) (!) (!) (!) - Final decision: the court dismisses the petition and allows the petitioner school to proceed against the respondent de-novo with proper compliance; tribunal’s order setting aside removal stands, subject to this, and the petitioner may reinitiate proceedings. (!) (!) (!)

What is the requirement of DoE approval before removing a teacher/employee from school services?

What are the main procedural violations alleged against the Managing Committee and DAC under DSEAR Rules 118, 120?

What is the Court's ruling regarding the validity of the DAC's constitution, charge sheet issuance, and the subsequent termination order?


JUDGMENT

V. Kameswar Rao, J. - This petition has been filed with the following prayers:-

    'In view of the facts and circumstances and in the interest of justice, it is therefore, most respectfully prayed that the present writ petition be allowed and the impugned order dated 09.07.2021 passed by Shri Dilbag Singh Punia, Presiding Officer, Delhi School Tribunal, Lucknow Road, Timar Pur, Delhi- 110054 in Appeal Case No. 73 of 2013 titled as Mrs. Bindu Khanna Vs. Managing Committee, The Pinnacle School, may be quashed.

    Any other order this Hon'ble Court feels appropriate in the facts of the case may also be passed in favour of the Petitioner school and against the Respondents'

    2. The challenge in this petition is to the order dated July 09, 2021 passed by the Delhi School Tribunal in Appeal No. 73 of 2013, setting aside the order bearing No. TPS/Adm/BK/2013/1104 dated July 29, 2013 passed by the Disciplinary Action Committee ("DAC?, for short) of the petitioner, i.e., The Pinnacle School, Delhi, whereby the respondent No. 2 herein was removed from service.

    3. At the outset, I may provide a brief factual background as averred in the petition. It is the case of the petitioner that the responde

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