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2024 Supreme(Online)(DEL) 28636
HIGH COURT OF DELHI
Mini Pushkarna, J
SULEKHA SHARMA – Appellant
Versus
JAGJIT SINGH & ORS. – Respondent
CONT.CAS(C) 557/2023
JAGMINDER SINGH
The court mandated the submission of a certificate for subsistence allowance release and emphasized the need for timely completion of disciplinary proceedings.
Headnote:(A) Delhi School Education Rules, 1973 - Sub Rule (1C) of Rule 116 - Subsistence Allowance - Petitioners sought payment of subsistence allowance which was denied due to non-submission of required certificate - Court directed petitioners to submit certificate regarding non-engagement in other employment for allowance release - Disciplinary proceedings pending due to lack of cooperation from petitioners - Court emphasized the need for expeditious completion of proceedings. (Paras 2, 4, 10, 14)
(B) Disciplinary Proceedings - The court highlighted the importance of cooperation from both parties in disciplinary proceedings and set a timeline for completion. (Paras 10, 14)
Facts of the case:
The petitioners filed for subsistence allowance which was withheld by the respondent-School due to non-compliance with submission requirements. The court noted the ongoing disciplinary proceedings and the petitioners' readiness to cooperate.
Findings of Court:
The court directed the petitioners to submit the required certificate and mandated the respondent-School to release the subsistence allowance upon compliance. The court also ordered the completion of disciplinary proceedings within four months.
Issues: The main issues included the non-payment of subsistence allowance due to lack of required documentation and the delay in disciplinary proceedings.
Ratio Decidendi: The court ruled that the petitioners must comply with the submission requirements to receive the subsistence allowance and emphasized the necessity for timely completion of disciplinary proceedings.
Result: Petitions disposed of with directions.
% 21.05.2024 th “xxx xxx xxx
7. The respondent no.1 will, however, be entitled to receive subsistence allowance in accordance with the applicable Rules from the date of her reinstatement and suspension till the conclusion of the disciplinary proceedings whereafter the period will be governed by the outcome of the proceedings. Subject to the both the respondents cooperating, the appellant will endeavour to conclude the disciplinary proceedings within a period of six months from today.
xxx xxx xxx”
August, 2022 passed in W.P. (C) No. 11279/2022, and W.P. (C) No. 11358/2022, wherein, the following directions had been passed:-
2. The present petitions have been filed on the premise that despite the aforesaid order, Subsistence Allowance has not been paid to the petitioners till date.
3. Per contra, learned counsel appearing for the respondents has drawn the attention of this Court to the letter dated 15th February, 2023, issued by The Order is downloaded from the DHC Server on 27/05/2024 at 21:28:58
the School to the petitioners, which reads as under:-
- “GURU NANAK PUBLIC SCHOOL.
- (Sikh Minority Unaided School) GNPS/2023/457 15 Feb, 2023 Mrs. Sangeeta Das 2265/3, (3rd
4. Learned counsel appearing for the respondent-School submits that since the certificate as required by the School, was not submitted by the petitioners, the Subsistence Allowance has not been released.
Floor) Shadipur New Delhi-110008 Subject: Regarding non-payment of subsistence allowance Madam, You have not submitted a certificate to the effect that you are not engaged in any other employment, business, profession or vocation as required under Sub Rule (1C) of 116 of Delhi School Edu Rule of 1973 to release subsistence allowance. The same has not been done till date. The subsistence allowance may not be released until unless you comply with the provision of sub rule mentioned above.
(Promila Anand) H.O.S. Copy to:
- PA to Director of Education Dte of Education Old Secretariat New Delhi – 54 DDE (District West A), DDE (Zone 15)”
5. Responding to the aforesaid, learned counsel appearing for the petitioner has shown handwritten letter sent by Speed Post dated 06th April, 2023 sent by the petitioner in CONT.CAS(C) 557/2023 and by Email dated The Order is downloaded from the DHC Server on 27/05/2024 at 21:28:59
17th
6. However, learned counsel appearing for the respondents has denied the receipt of the aforesaid letters.
February, 2023 by the petitioner in CONT.CAS(C) 558/2023. Thus, it is submitted that the petitioners have already sent letters with respect to their not working anywhere else.
7. Be that as it may, it is directed that the petitioners shall submit their original signed certificate to the respondent-school through E-mail, Speed Post, as well as in person, as regards their not being engaged anywhere else.
8. Upon submission of the said certificate by the petitioners as regards them not being engaged in any other employment, business, profession or vocation, the respondent-School shall release the Subsistence Allowance to the petitioners, in terms of the directions issued vide order dated 04th
9. This Court also notes the submissions made by learned counsel appearing for the respondent-School that the disciplinary proceedings are still pending, as the petitioners are not cooperating in conduct of the disciplinary proceedings, on account of which they have not being concluded, as yet.
August, 2022.
10. It is to be noted that vide order dated 04th
11. At this stage, learned counsel appearing for the petitioners submits that the petitioners are ready to cooperate with the respondent-School in August, 2022, the Coordinate Bench of this Court had directed the respondent-School to complete the disciplinary proceedings within a period of six months from passing of the said order. However, despite lapse of a long time, the disciplinary proceedings are still stated to be pending. This is totally unacceptable.
The Order is downloaded from the DHC Server on 27/05/2024 at 21:28:59
completi
