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 employees.

JUDGMENT

V. Kameswar Rao, J. The present petition has been filed by the petitioner with the following prayers:

"It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to:

A) Issue a writ of mandamus or any other appropriate writ directing the Respondent No.1 to revoke the suspension order dated 24.02.2020 and the order dated 20.08.2020 extending the suspension order dated 20.02.2020;

B) Issue a writ of mandamus or any other appropriate writ directing the Respondent No.1 to revoke the articles of memorandum/charges dated 24.07.2020;

C) Issue a writ of mandamus or any other appropriate writ directing the Respondent Nos.1 & 2 to revoke the Inquiry Proceedings initiated against the Petitioner;

D) Issue a writ of mandamus or any other appropriate writ directing the Respondent Nos. 1&2 to disclose the constituents of the Disciplinary Committee/Authority that needs to be constituted as per Rule I 18 of the DSEAR, 1973;

E) Issue a writ of mandamus or any other appropriate writ directing the Respondent No.2 to transfer back Petitioner to Delhi Public School, Dwarka from the Delhi Public School Society, East of Kailash;

F) Pass any other or further orders that this Hon'bIe Court may deem necessary in the facts and circumstances of the case or in the interest of justice,

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY."

2. On the first date of hearing i.e., January 29, 2021, I heard the Counsels for the parties at length, after which the learned Counsel for the petitioner stated that the prayer in the present petition shall be confined to the prayer for revocation of suspension of the petitioner. As far as the other payers are concerned the same are not being considered in the present petition and the right of the petitioner to agitate the same is kept open. The relevant portion of the said order reads as under:

"It is agreed by the learned counsel for the petitioner that the present petition shall be confined to the prayer for revocation of the suspension of the petitioner. It is the submission of Mr. Singh that the suspension has been made without taking approval from the Directorate of the Education. Mr.Mittal contest the submission made by Mr. Singh.

If that be so, appropriate shall be for the respondents to file short affidavit, on the plea advanced by Mr. Singh on the suspension, within ten days from today. Response thereto, be filed by the petitioner within one week thereafter.

Insofar as the other prayers are concerned, the same are not being considered in this petition and the right of the petitioner, to agitate the said prayers and related grounds at relevant point of time after the proceedings initiated against the petitioner are over, is kept open."

3. Subsequently during the course of hearing on May 12, 2021, the counsel for the petitioner had stated that the petitioner was willing to tender her resignation with a three months' notice provided the respondent No.1/School drops all charges against the petitioner. The matter was then listed on May 13, 2021 on which date the counsel for the petitioner stated that upon reconsideration the proposed solution was not agreeable to the petitioner. It is thereafter that I proceeded to hear the matter on merits, limited to prayer `A' regarding revocation of suspension.

4. Mr. Khagesh B. Jha, learned counsel for the petitioner has stated that he shall confine his prayer to the revocation of the suspension order dated February 24, 2020. He argued that as per the powers provided under Section 8 (4) of the Delhi School Education A