RAJENDRA SINGH Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THE Petitioner seeks the quashing of an order dated 9th March 1994, passed by the Manager of the D.C. Arya Senior Secondary School (,,the School), Respondent No. 4 herein, compulsorily retiring the Petitioner from service under Rule 117 (b) (ii) of the Delhi School Education Rules 1973 (,,DSER). THE Petitioner also seeks the quashing of a charge sheet dated 7th February 1990 and for a consequential order to reinstate the Petitioner with full back wages. THE further prayer is for a direction to the School to release the amount of general provident fund (,,GPF) accrued to the Petitioner.

(2.) THE Petitioner joined Respondent No. 4 School on 20th August 1964 as Teacher Grade-II. At the time of his appointment he was a qualified graduate in Drawing. Subsequently he completed a post-graduate degree in Sociology. He claims that between 20th August 1964 and 7th February 1990, he worked satisfactorily and produced good results in the School. Copies of the commendation certificates issued to the Petitioner have been enclosed with the writ petition.

(3.) THE Petitioner acknowledges that he received a letter dated 13th September 1993 from Mrs. Upadhyaya, the EO, who informed him that she had been appointed as such and required him to reach the School on 23rd September 1993 to attend the enquiry proceedings. THE Petitioner states that he could not have attended the enquiry since there were orders of the Principal, Respondent No. 5, directing him not to enter the School premises. THE EO again wrote to the Petitioner on 25th September 1993 asking him to attend the enquiry in the School on 27th September 1993. On 27th September 1993, the Petitioner submitted a letter dated 23rd September 1993 to the EO expressing an apprehension of bias against the EO and demanded that a person equivalent to the rank of Deputy Director of Education (,,DDE) or a higher post should be appointed as the EO. A similar apprehension was expressed in another letter of the same date to the DoE.