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MINI PUSHKARNA
Sunil Kumar Agarwal – Appellant
Versus
Air Force School – Respondent
JUDGMENT
Mini Pushkarna, J. The present writ petition has been filed for quashing the order dated 05.08.2010 passed by Delhi School Tribunal in Appeal No. 61/2009, whereby dismissal order against petitioner dated 14.10.2009 issued by respondent no. 1 school, has been upheld.
2. Petitioner worked as Laboratory Attendant in the Chemistry Department of respondent no. 1 school, having joined the school on 22.11.1983.
3. A complaint dated 08.05.2009 was received against petitioner. As per the complaint, on 08.06.2008, when the complainant Mrs. Subhadra visited the school to appear in a written test for selection to the post of TGT-Physical Education, petitioner impersonated himself as PGT Chemistry in the school and lured her to pay him a sum of Rs.2,00,000/- so that he could get her appointed as TGT-Physical Education by using his good contacts with the Managing Committee of the school. As per the complaint, petitioner visited her house with one Mr. Anand Kumar Jain, in the evening of 08.06.2008 and accepted a payment of Rs.2,00,000/- i.e. Rs.50,000/- in cash and Rs.1,50,000/- by cheque from her. The petitioner gave her a cheque of Rs.2,00,000/- dated 31.07.2008 as guarantee, which wa
Dismissal without prior approval of DOE under Section 8(2) of the Delhi School Education Act, 1973 is not sustainable.
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....
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....
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....
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.
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....
The court held that under Section 8(4) of the DSE Act, a suspension order lapses if not approved by the Directorate of Education within 15 days, thus mandating procedural protections for educational ....
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