SUNIL SIKRI Vs. GURU HARKRISHAN PUBLIC SCHOOL

JUDGEMENT

(1.) The Delhi School Education Act 1973 (hereinafter referred to as "the Act") was promulgated on 9 th April, 1973. In the very same year on the 31/12/1973, the Delhi School Education Rules, 1973 were promulgated. The said Rules are referred to as "the Rules". Chapter IV of the Act deals with the terms and conditions of Service of Employees of recognised Private Schools. What is relevant to the lis are Ss. 8 and 11 of the Act, and they read as follows:

(2.) Next, we may notice the provisions in the Rules. Rule 115 deals with suspension. We need notice only Rule 115(1) and 115(4), inter alia:

(3.) Rule 117 deals with penalties and disciplinary authority. Under the category of major penalties are reduction in rank, compulsory retirement, removal from service and dismissal from service. Rule 120 deals with procedure for imposing major penalty. Rule 121 which is at the centre stage of the controversy provides as follows: