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DELHI HIGH COURT
SURESH KUMAR KAIT
Managing Committee Raghumalarya Girls Senior Secondary School – Appellant
Versus
Govt. of NCT of Delhi – Respondent


JUDGMENT

Suresh Kait, J.

1. Vide the instant application, applicant / respondent no. 3 is seeking the vacation of the interim order dated 16.05.2012 passed in CM. No. 6318 of 2012.

2. In the application, it is stated that the copy of the main Petition and the application mentioned above were not supplied to the respondent no. 3 and the interim relief granted in favour of the petitioner by an ex-parte order.

3. Ms. Maninder Acharya, ld. Counsel appearing on behalf of respondent no. 3 submitted that any suspension resorted to by the respondent School under Rule 115 of the Rules is subject to the provisions of sub-sections 4 & 5 of Section 8 of the Act.

4. For the convenience, sub-section 4 & 5 of Section 8 are reproduced as under:

    "8. Terms and conditions of service of employees of recognized private schools-

    (4) Where the managing committee of a recognized private school intends to suspend any of its employees, such intention shall be communicated to the Director and no such suspension shall be made except with the prior approval of the Director.

    Provided that the managing committee may suspend an employee with immediate effect and without the prior approval of the Director

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