GURU HARKRISHAN PUBLIC SCHOOL Vs. S K SHUKLA

JUDGEMENT

(1.) The appellant School impugns the judgment dated 05.10.2011 of the learned Single Judge in W.P.(C) No.3771/2001 preferred by the respondent, earlier employed as Trained Graduate Teacher (TGT) (Music) with the appellant School and whereby the learned Single Judge has converted the punishment, of removal from service meted out to the respondent to that of "severe" warning for dereliction of duty and directed reinstatement of the respondent with 25% of the back wages. Notice of this appeal was issued and implementation of the impugned judgment stayed. Litigation expenses were got paid to the respondent. The counsels have been heard.

(2.) The appellant claims to be an unaided minority School run by the Delhi Sikh Gurdwara Prabandhak Committee (DSGPC) and terms and conditions of service of whose employees are governed by the contract of service. The respondent was employed with effect from 01.11.1994 and had also signed a Contract of Service. In January, 2000, the respondent and another lady teacher of the school were deputed to accompany some of the girl students of the appellant School participating in a National Group Folk Song Competition to Ahmedabad.

(3.) The respondent was on 21.01.2000, issued a Memorandum of, high order dereliction of duty which had resulted in an ugly incident during the return journey from Ahmedabad and which incident had put the appellant School to shame. It was stated that at the time of the incident, the respondent was in a state of intoxication with liquor and which was stated to be not only against the conduct rules but particularly so in the company of girl students and lady teacher.