BISHAN GUPTA Vs. USHA KIRAN VERMA AND ORS.

JUDGEMENT

(1.) CM Nos.12147/2012, 12151/2012, 12153/2012, 12155/2012, 12168/2012, 12170/2012, 12172/2012, 12149/2012

(2.) ALL these eight appeals arise out of common judgment rendered by the learned Single Judge on 06.7.2012 whereby eight writ petitions filed by the appellant herein have been dismissed. All the eight private respondents in these appeals were the teachers in Shakti Mndir Prem Wati Public School (hereinafter referred to as 'school'). Separate charge -sheets were served upon them alleging misconduct on the basis of which orders in respect of each of these teachers were passed on different dates imposing major penalty of dismissal from service. The teachers filed appeals challenging the validity of imposition of penalty, before the Delhi School Tribunal ('the Tribunal' for brevity). These appeals were taken up together and were decided by the Tribunal vide common judgment dated 11.5.2012. The learned Tribunal allowed the appeals and set aside the penalty holding the same to be illegal and bad in law. The Tribunal accordingly directed reinstatement of all the teachers with 50% backwages and consequential benefits with full salary with effect from 11.5.2005 and also interest @ 12% per annum on arrears of backwages. The Tribunal directed that the orders be complied with, within a period of one month. The appellant did not accept the said judgment of the Tribunal. Instead of complying with thereof, the appellant filed writ petitions in this Court. It is these writ petitions which are dismissed by the learned Single Judge vide common judgment dated 06.7.2012.

(3.) THIS argument may appear to be attractive in the first blush. However, when we go little deeper into the matter, we find that the disciplinary action taken against the teachers was a result of mala fide and was clearly vindictive. Therefore, the plea of holding fresh inquiry would be totally unjustified. To demonstrate this, we take note of the some relevant facts.