Suspensions must receive prior approval under the Delhi School Education Act within 15 days; otherwise, they lapse and cannot be revived by retrospective approval.

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 30.01.2017 was registered by Respondent No.5 at Police Station Dwarka North for an offence under Section 341 IPC against Respondent No.1. Proceedings were also initiated by Respondent No.1 against Respondent No.5 before the Delhi Commission for Women.

iii. Respondent No.1 was put under suspension on 24.02.2020. The facts further reveal that suspension of Respondent No.1 was extended on 20.08.2020. The Director of Education granted his approval on 11.03.2021 with retrospective effect from 24.02.2020. Respondent No.1 was finally dismissed from service on 16.08.2021. iv. Respondent No.1 approached this Court by filing W.P.(C) 1112/2021 praying for the following reliefs:

"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 118 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'ble Court may deem necessary in the facts and circumstances of the case or in the interest of justice."

v. The narrow compass in which the matter was argued before the learned Single Judge is whether the suspension of Respondent No.1 was in accordance with the provisions of the Delhi School Education Act, 1973 (hereinafter referred to as `DSE Act').

vi. The learned Single Judge by the judgment impugned herein held that the suspension of Respondent No.1 was in violation of the provisions of the DSE Act inasmuch as the Appellant School did not take the approval of the Director of Education within 15 days from the date of suspension. The learned Single Judge, therefore, set aside the Order of Suspension dated 24.02.2020 and Order dated 20.08.2020 extending the suspension. The said judgment has been challenged by the Appellant in the instant appeal.

3. For a better appreciation of the issue, it is necessary to extract Section 8 of the Delhi School Education Act, 1973:

"8. Terms and conditions of service of employees of recognised private schools.-(1) The Administrator may make rules regulating the m