LAWS(DLH)-2002-4-164

ANDHRA EDUCTION SOCIETY Vs. DINESH DAYAL PRESIDING OFFICER

Decided On April 10, 2002
ANDHRA EDUCATION SOCIETY Appellant
V/S
DINESH DAYAL, PRESIDING OFFICER Respondents

JUDGEMENT

(1.) The constitutionality of the provisions of Section 12 of Delhi School Education Act in so far as it restricts its applicability to unaided minority school as also the applicability of Section 8(2) thereof is in question in this writ petition.

(2.) The third respondent was appointed as UDC with petitioner No. 2. She allegedly remained absent unauthorisedly. Charges against her were framed on 28.6.1994 whereupon departmental proceedings commenced. In the departmenal proceedings a Government nominee was also nominated. In its report, inquiry officer found the third respondent guilty of the said charges stating:

(3.) A notice was served by the petitioner on the 3rd respondent on 9.11.1995 asking her to show cause as to why a penalty of removal be not imposed upon her. She filed a show-cause. Disciplinary authority upon consideration of the material on record decided to impose a penalty of removal on 20.1.1996 which was accepted by the Managing Committee of the petitioner institution. On 24.1.1996 the Managing Committee sought for approval of the said proposed action against the respondent No. 3 from the Director of Education. Despite the fact that several reminders were sent, no reply thereto was received within a reasonable time. Only or, 4.11.1996 the petitioner was communicated the following order: