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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Delhi Public School Dwarka – Appellant
Versus
Sarika Prasad – Respondent
JUDGMENT
Subramonium Prasad, J.
1. The Appellant seeks to challenge the judgment dated 10.12.2021 passed by the learned Single Judge in W.P.(C) 1112/2021 whereby the learned Single Judge has set aside the Order of Suspension dated 24.02.2020 and the Order dated 20.08.2020 extending the suspension of Respondent No.1 herein. The learned Single Judge has also held that Respondent No.1 shall be entitled to back-wages.
2. Shorn of details, the facts leading to the instant appeal are as under:
i. Respondent No.1 herein was appointed as Computer Teacher on ad hoc basis in the Appellant School on 03.04.2006 and the appointment was to continue till 12.05.2006. It is stated that on 18.07.2006, Respondent No.1 was confirmed as TGT Computer Science (Grade-IV) in the Appellant School.
ii. It is stated that a complaint was filed by Respondent No.1 herein regarding sexual harassment by Respondent No.5 herein. It is stated that an FIR bearing FIR No.813/2015 dated 06.10.2015 was filed by the Respondent No.1 against Respondent No.5 at Police Station Dwarka North for offences under Section 294, 354, 354(3A), 354(D), 506, 509 IPC. It is further stated that a cross-FIR bearing FIR No.31/2017 dated
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 ....
Suspension orders without prior approval from the Director of Education lapse after 15 days, ensuring employee protection under the Delhi School Education Act.
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....
The court clarified the application of Rule 35(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, in determining the revocation of suspension and payment of suspe....
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
The approval of a suspension order without a charge sheet and without affording the employee an opportunity to be heard violates principles of natural justice.
The District Inspector of Schools must evaluate charges on a prima facie basis without delving into their validity; procedural adherence is critical in suspension cases under the U.P. Intermediate Ed....
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....
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