KISHORE GULERIA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THIS intra-court appeal impugns the judgment dated 03.07.2012 of the learned Single Judge dismissing W.P.(C) No.5765/2011 preferred by the appellant. The said writ petition was preferred impugning the order dated 27.04.2011 of the Delhi School Tribunal dismissing the appeal preferred by the appellant against the order dated 02.03.2009 of the Disciplinary Authority of the respondent No.3 New Era Public School, New Delhi awarding the penalty of, removal from service which shall not be disqualification for future employment in any recognized private school, to the appellant. The counsel for the respondent No.3 School appears on advance notice.

(2.) THE appellant was employed as a Physical Education Teacher with the respondent No.3 School since 04.07.1983 and was granted a PGT scale with effect from 01.08.2001. He was on 23.07.2008 charged with having committed gross misconduct by giving corporal (physical) punishment to the students and having committed sexual abuse by physically touching the body of the girl students. An inquiry was conducted. The inquiry report, though found the appellant guilty of having committed misconduct by giving corporal punishment to three girl students of Class VIII on 25.04.2008 amounting of cruelty towards students and contravention of Sub-Clause (xviii) of Clause (b) of Sub-rule 1 of Rule 123 of The Delhi School Education Rules, 1973, held no case of sexual harassment to have been made out. The Disciplinary Authority of the School, as aforesaid vide order dated 02.03.2009 meted out the punishment of removal from service not amounting to disqualification for future employment. The appellant preferred an appeal under Section 8 of the Delhi School Education Act, 1973 to the Tribunal which was dismissed vide order dated 27.04.2011.

(3.) AS far as the second of the aforesaid arguments is concerned, the respondent No.3 is an unaided School. The Division Bench of this Court in Kathuria Public School Vs. Director of Education 113 (2004) DLT 703 has held that such approval is not required to be taken by an unaided School. The Full Bench of this Court in judgment dated 27.08.2010 in O.Ref.1/2010 titled Presiding Officer, Delhi School Tribunal Vs. GNCTD has not disturbed this part of Kathuria Public School supra though has overruled the Division Bench qua the matters in which the appeal can be preferred to the Tribunal. The counsel for the appellant is also not able to contend otherwise. No approval of the Directorate of Education was thus required.