AIR FORCE SENIOR SECONDARY SCHOOL Vs. PUSHPA SAH

JUDGEMENT

(1.) VIDE the instant petition, the petitioner has assailed the impugned order dated 31.08.2012 passed by the Presiding Officer, Delhi School Tribunal, whereby he has opined that the order dated 14.03.2011 has been passed illegally and the same is not sustainable in the eyes of law. The act of the petitioner school in awarding penalty of compulsory retirement, as per the directions of the Directorate of Education, is void and illegal. He has further opined that the Chairman alone is not competent to impose any major penalty upon any employee of the school. The last paragraph of the impugned order dated 14.03.2011 has been quashed as that being illegal and not sustainable in the eyes of law.

(2.) BEFORE parting with the impugned judgment, the learned Tribunal has observed as under: -

(3.) IN addition, it is also stated in the instant petition that there has been no violation of Rule 120(1)(d) of the Delhi School Education Act and Rules, 1973. The Presiding Officer also failed to appreciate that there was no delay on the part of the school as the order dated 26.08.2008 was duly complied with within the specified time as directed by this Court on 19.12.2008. Further the learned Tribunal has failed to appreciate that the charges contained in the charge -sheet dated 28.07.1973 were duly proved against respondent No.1 and she did not prefer to file any explanation/representation on the charges despite opportunity, hence respondent No. 1 cannot be given the benefit for her wrongs on technical grounds. The learned Tribunal has wrongly applied the ratio of judgment passed by this Court in a case of B.S. Verma Vs. Delhi Administration and Ors., 48 (1992) DLT 49. The same is not applicable to the facts and circumstances of the present case.