SAMARTH SHIKSHA SAMITI REGD Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The petition impugns the judgment dated 30 th April, 2009 of the Delhi School Tribunal allowing the appeal of the respondent no.2 Mr. A.A. Vetal and setting aside the order dated 27 th February, 2001 of the Managing Committee of the Dayawati Shyam Sunder Gupta Saraswati Bal Mandir (School managed by the petitioner Society) of removal of the respondent no.2 from the post of the Vice Principal and of dismissal from the services of the said School and reinstating the respondent no.2 to his post and directing the Managing Committee of the School to decide the question of payment of salary, allowance and consequential benefits for the intervening period within two months thereof.

(2.) Notice of the petition was issued and vide order dated 3 rd August, 2009 which continues to be in force, the implementation of the order of the Tribunal was stayed. The pleadings have been completed and the counsels have been heard.

(3.) The respondent no.2 was appointed in the year 1972 as Head Master of the Primary section of the School of the petitioner and was in the year 1976 promoted as a TGT and was appointed as a Vice Principal of the School in the year 1996. The respondent no.2 was placed under suspension on 7 th December, 1998. It was the case of the respondent no.2 that he could not have been suspended without prior approval of the respondent no.1 Directorate of Education and he accordingly represented to the Directorate of Education in this regard. The Directorate of Education on 21 st May, 1999 directed the School to revoke the suspension order. The School earlier filed Civil Writ No. 3745/1999 in this Court and by interim order wherein the order dated 21 st May, 1999 of the Directorate of Education was stayed.