DELHI PUBLIC SCHOOL Vs. SHALU MAHENDROO

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 30.10.2012 of the learned Single Judge to the extent it, while issuing notice of W.P.(C) No.6646/2012 preferred by the respondent No.1, staying till the next date of hearing i.e. 19.12.2012, the order of the Disciplinary Authority of the appellant School of placing the respondent under suspension.

(2.) The respondent No.1 impugned the order of suspension inter alia on the ground that the same had been made without obtaining the prior permission in writing of the Director of Education as required under Section 8(4) of the Delhi School Education Act, 1973. It was the contention of the counsel for the appellant appearing on advance notice before the learned Single Judge that no such approval was required, the appellant being an unaided School. Reliance in this regard was placed on the judgment of the Division Bench of this Court in Kathuria Public School Vs. Director of Education, 2005 123 DLT 89. On the contrary, the counsel for the respondent No.1 had relied on judgment of a Full Bench of this Court in Presiding Officer Delhi School Tribunal Vs. Government of NCT of Delhi, 2011 180 DLT 551.

(3.) The senior counsel for the appellants has contended that the learned Single Judge has wrongly held that the judgment of the Division Bench in Kathuria Public School supra, has bearing in the case of disciplinary proceedings and not in the case of suspension. It is argued that not only does the said judgment specifically refer to suspension but even otherwise suspension is a part of disciplinary proceedings and once the learned Single Judge held the judgment of the Division Bench in Kathuria Public School to be applicable in the case of disciplinary proceedings, he erred in holding the same to be having no application in case of suspension.