JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition lays a challenge to the impugned order dated 15.07.2022, whereby a major penalty of compulsory retirement from service has been imposed on the Petitioner under Rule 117(b)(ii) of the Delhi School Education Rules, 1973.

2. Preliminary objection is taken by learned counsel appearing on behalf of Respondents No. 1 and 2 to the maintainability of the writ petition on the ground that the penalty of compulsory retirement can only be challenged by the Petitioner by way of an appeal before the Delhi School Tribunal (hereinafter referred to as 'Tribunal') constituted under Section 11 of the Delhi School Education Act, 1973 (hereinafter referred to as 'the Act').

3. In response to the said objection, learned counsel for the Petitioner submits that the Petitioner has not been dismissed or removed or reduced in rank and has been compulsorily retired and therefore, an appeal shall not lie before the Tribunal which is evident from a plain reading of Section 8(3) of the Act. Reliance is placed in support of the said plea on the judgment of a Division Bench of this Court in Smt. Leela Sharma v. GNCT of Delhi & Ors., 2012 SCC OnLine Del 690