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2024 Supreme(Online)(DEL) 20617

CONT.CAS(C) 557/2023 & CONT.CAS(C) 558/2023 Page 1 of 5

$~86 and 87

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CONT.CAS(C) 557/2023

SULEKHA SHARMA

..... Petitioner

Through:

Mr. J.S. Bedi with Mr. Ankur Garg

with Mr. Amandeep Singh Bhalla,

Advocates.

versus

JAGJIT SINGH & ORS.

..... Respondents

Through:

Mr. Surinder Singh with Mr. Rishabh

Chawla, Advocates for respondent no.

1 to 3.

(M): 9212226354

Email: advsurindersingh@gmail.com

Mr. Naushad Ahmed Khan with

Mr. Akshit Tyagi, Advocates for

respondent/DOE.

(M): 9868111799

Email: infonaushad@gmail.com

+

CONT.CAS(C) 558/2023

SANGEETA DAS

..... Petitioner

Through:

Mr. J.S. Bedi with Mr. Ankur Garg

with Mr. Amandeep Singh Bhalla,

Advocates.

versus

JAGJIT SINGH & ORS.

..... Respondents

Through:

Mr. Surinder Singh with Mr. Rishabh

Chawla, Advocates for respondent no.

1 to 3.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 27/05/2024 at 21:24:05

CONT.CAS(C) 557/2023 & CONT.CAS(C) 558/2023 Page 2 of 5

(M): 9212226354

Email: advsurindersingh@gmail.com

Mr. Naushad Ahmed Khan with

Mr. Akshit Tyagi, Advocates for

respondent/DOE.

(M): 9868111799

Email: infonaushad@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

1.

The present petitions have been filed alleging willful disobedience of

the orders dated 04

Advocates:
JAGMINDER SINGH

ORDER

% 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 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 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.

completion of the disciplinary proceedings.

12. Accordingly, with the consent of the parties, it is directed that the petitioners shall appear before the Enqui

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