MANAGING COMMITTEE NAVAL PUBLIC SCHOOL Vs. NEERA CHOPRA

JUDGEMENT

(1.) BY this petition, the petitioner has prayed to issue writ of certiorari to quash the order dated 27.5.2011 passed by the Delhi School Tribunal in appeal No.41 of 2003 whereby the tribunal has held that the foundation in the present case is totally illegal and non est. There cannot be any superstructure in the absence of a foundation. All proceedings conducted by the respondent school (petitioner herein) on the basis of the charge-sheet which did not exist in the eyes of law are illegal and without any authority of law.

(2.) IT is, further, recorded that the inquiry report, show-cause notice relating to proposed penalty and finally the impugned orders removing the appellant (respondent herein)from the service are hence illegal and the same were set aside. The Learned tribunal also directed, the petitioner (respondent herein) to be reinstated in service with 50% of the back-wages and all other consequential benefits.

(3.) LEARNED counsel further submitted and relied upon the reply filed by the petitioner before the tribunal that the school is having a disciplinary committee comprising of Chairman, Acting Principal and two staff representatives. She submits that the Managing committee itself is a Disciplinary Authority and this view was upheld by a Co-ordinate Bench of this Court in WP(C) No.4694/2003 titled as Mohan Lal Saran v. Union of India and Others that the Disciplinary Authority inherently exists within the Managing Committee, therefore, the Disciplinary Committee is a part of the Managing Committee.