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JYOTI SINGH
Anjna Luthra – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner quashing the impugned charge-sheet dated 18.01.2020 issued by Dayanand Model School (hereinafter referred to as `the School')/Respondent No.4 with all consequential benefits.
2. Petitioner was holding the post of Vice Principal of the School which is an unaided School being managed by Respondents No.3 to 5. Pursuant to a preliminary inquiry report dated 15.11.2019, Petitioner was placed under suspension for certain alleged lapses highlighted in the report. Respondents No. 4 and 5 constituted the Disciplinary Committee (`DAC') comprising of the Chairman, Manager of the School, School Representative as member, Director's nominee Mr. Vikas Kulshreshtha and Ms. Anu Gera, Head of a different School, nominated by DoE as member of DAC and on 08.01.2020, the first meeting of DAC was held. Copy of the draft charge-sheet was supplied to the members for their perusal but final decision was not taken and the meeting was postponed to 13.01.2020. Second meeting of DAC was convened on 13.01.2020, however, DE nominee and Ms. Gera were not available and meeting was rescheduled for 18.01.2020, on which date meeti
The charge-sheet must be issued in accordance with Rule 118 of Delhi School Education Rules, 1973, and the concept of deemed approval of charge-sheet is not recognized.
Procedural lapses in disciplinary inquiries, including improper constitution of committees and failure to adhere to principles of natural justice, can invalidate terminations.
The judgment emphasized the importance of adhering to the principles of natural justice and complying with statutory rules in departmental proceedings, and the requirement of obtaining the approval o....
Charge memorandum issued without prior disciplinary authority approval is non est; post-facto ratification invalid where statute mandates prior approval before issuance.
Disciplinary proceedings initiated by an incompetent authority are invalid; the Chief Secretary is the proper authority for Group 'B' officers under CCS (CCA) Rules.
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