ARWACHIN BHARTI BHAWAN SCHOOL Vs. DIRECTORATE OF EDUCATIONA

JUDGEMENT

(1.) . The petitioner/management of the school has filed the writ petition challenging the order of the Delhi School Tribunal dated 13.8.1996.

(2.) A few facts necessary for the appreciation of the question raised by the. petitioner could be noticed as.under: The second respondent was appointed as an Assistant Teacher in the petitioner school and she was confirmed on 9.3.1972. Disciplinary action was taken against her and she was kept under on suspension by order dated 27.4.1981. As per the provisions of the Delhi School Education Act, 1973 and the rules thereunder, a Committee for holding a domestic inquiry was constituted and, consequently, the second respondent was removed from seryice vide order dated 19.9.1987. That was challenged by the second respondent before the Delhi School Tribunal. The Delhi School Tribunal set aside the order of removal holding that the Disciplinary Committee constituted was biased against the second respondent and in that two members of the Committee were also examined as witnesses in the inquiry, and, therefore, the decision by the Disciplinary Committee was biased and void in law. The Tribunal directed reinstatement of the second respondent with all consequential benefits. The management has filed the writ petition, as stated above.

(3.) It is stated in the writ petition that the Disciplinary Committee was constituted in accordance with Rule 118 of the Delhi School Education Rules, 1973. The Disciplinary Committee consisted of the following members :