Procedural lapses in disciplinary inquiries, including improper constitution of committees and failure to adhere to principles of natural justice, can invalidate terminations.

JUDGMENT

V. Kameswar Rao, J. This petition has been filed with the following prayers:

"In view of the facts and circumstances and in the interest of justice, it is therefore, most respectfully prayed that the present writ petition be allowed and the impugned order dated 09.07.2021 passed by Shri Dilbag Singh Punia, Presiding Officer, Delhi School Tribunal, Lucknow Road, Timar Pur, Delhi-110054 in Appeal Case No. 73 of 2013 titled as Mrs. Bindu Khanna Vs. Managing Committee, The Pinnacle School, may be quashed.

Any other order this Hon'ble Court feels appropriate in the facts of the case may also be passed in favour of the Petitioner school and against the Respondents"

2. The challenge in this petition is to the order dated July 09, 2021 passed by the Delhi School Tribunal in Appeal No. 73 of 2013, setting aside the order bearing No. TPS/Adm/BK/2013/1104 dated July 29, 2013 passed by the Disciplinary Action Committee (`DAC', for short) of the petitioner, i.e., The Pinnacle School, Delhi, whereby the respondent No. 2 herein was removed from service.

3. At the outset, I may provide a brief factual background as averred in the petition. It is the case of the petitioner that the respondent No.2 was appointed as a TGT by the petitioner school on January 06, 1994 and was subsequently promoted as PGT on April 01, 2006. On April 22, 2010, she was suspended by the Management of the petitioner school on account of indiscipline, misbehaviour with colleagues, students, etc. and on various other serious grounds. The Managing Committee in its meeting held on July 07, 2010 constituted a DAC as per provisions of the Delhi School Education Act, 1973 and the Rules framed there under (collectively referred to as "DSEAR" hereinafter). The DAC comprised of the following members:

i. Wg. Cdr. R. Demonte, Chairman

ii. Mr. K. K. Batra, Manager of the School

iii. Mr. M. K. Sethi, Government Nominee

iv. Mrs. Gail Demonte, Principal of the School

v. Mrs. Rita Sinha, Teacher Representative

vi. Education Officer, Zone 25

4. On September 29, 2010, the DAC held its meeting and discussed the charges with respect to respondent No.2 and resolved to authorise the Chairman of the School Managing Committee to issue the charge sheet. The charge sheet was issued on the same day and sent to the respondent No.2 through speed post as well as registered A.D. The respondent No.2 replied to the charge sheet on October 14, 2010 denying the charges. The DAC held its meeting on October 20, 2010 and after considering the reply, decided to place the same before the Managing Committee for further action. The Managing Committee in its meeting held on October 21, 2010 appointed Sh. S. K. Bhatnagar, Advocate, as the Inquiry Officer.

5. The Inquiry Officer, after initiation of inquiry proceedings vide letter dated November 10, 2010 communicated to the respondent No.2 that the first date of inquiry was fixed on November 16, 2010. However, the respondent No.2 in her letter dated November 14, 2010 addressed to the Managing Committee sought an adjournment on medical grounds. The Managing Committee vide letter dated November 18, 2010 informed the respondent the next date of inquiry and also directed her that all future correspondence may be done by her directly to the Inquiry Officer. The respondent No.2 did not appear before the Inquiry Officer even on the next date of hearing and in her letter dated November 27, 2010 objected to the appointment of Sh. S.