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JYOTI SINGH
Ashwani Kumar Kala – Appellant
Versus
School Management of Hira Lal Jain Senior – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--By this writ petition, Petitioner lays a challenge to the order dated 10.12.2018 passed by the Delhi School Tribunal (hereinafter referred to as the `DST') whereby it has dismissed the appeal of the Petitioner being Appeal No. 53/2017 and upheld the order dated 28.04.2017 whereby Petitioner was removed from the services of the School while working on the post of PGT (Commerce). The umbrage raised by the Petitioner is primarily predicated on applicability of the statutory provisions of Delhi School Education Act & Rules, 1973 and does not require a very detailed factual narrative.
2. Facts to the extent necessary are that Respondent No. 1/School Management of Hira Lal Jain Senior Secondary School (hereinafter referred to as the `School') is a recognized and aided Senior Secondary School claiming to have a minority status. Petitioner possessing a Doctorate degree was appointed as PGT (Commerce) on 02.08.1995 in the School. On 11.11.2006 Petitioner was suspended and feeling aggrieved with his alleged continuance discrimination in the School on various issues, he tendered his resignation on 05.12.2006, which was subsequently withdrawn on 02.03.2007. Res
The main legal point established in the judgment is that the prior approval of the Director of Education is mandatory for the termination/removal of an employee of a recognized institution under Sect....
Prior approval from the Director of Education is mandatory for the termination of employees in recognized institutions, emphasizing the importance of due process and adherence to statutory provisions....
Suspension orders without prior approval from the Director of Education lapse after 15 days, ensuring employee protection under the Delhi School Education Act.
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....
Procedural lapses in disciplinary inquiries, including improper constitution of committees and failure to adhere to principles of natural justice, can invalidate terminations.
The main legal point established in the judgment is the mandatory requirement of prior approval from the Director of Education for termination of an employee of a recognized private school, as provid....
In case of termination of an employee of a recognized institution prior approval of Director of Education or an officer authorised by him in this behalf has to be obtained.
Dismissal without prior approval of DOE under Section 8(2) of the Delhi School Education Act, 1973 is not sustainable.
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