TAKHAT SINGH Vs. CORPORATION OF DELHI

JUDGEMENT

(1.) This order will dispose of civil writs No. 465 of 1971 and 316 of 1972 since common questions of law have arisen.

(2.) In Civil Writ No. 465 of 1971, Takhat Singh petitioner was appointed as Assistant Teacher by a resolution of the Executive and Finance Sub committee dated 12.4.1947 of the erstwhile Delhi Municipal Committee. He was later on confirmed on 1.10.1947. He was promoted as Headmaster, Municipal Corporation of Delhi came into existence on 1.4.1958 in pursuance of the Delhi Municipal Corporation Act,1957. On 4.3.1967 the Deputy Commissioner (Establishment), Municipal Corporation of Delhi, respondent No.3 served a charge sheet on the petitioner and after due enquiry levied the punishment of reducing the petitioner in rank to an Assistant Teacher by order dated 7.3.1970 (Annexure I to the petition). The petitioner assails this order on the ground that the order has been passed by an authority subordinate to the one by which he was appointed.

(3.) In Civil Writ No. 316 of 1972 Brahmanand Sharma petitioner was appointed as Assistant Teacher on 1.8.1949 by the Assistant Director of Education (Planning). He was later on confirmed. On 16.11.1953 he was promoted as headmaster by the Director of Education. The Deputy Commissioner (Establishment) Municipal Corporation of Delhi after serving the petitioner with a charge sheet and after holding an enquiry passed an order on 29.9.1970 and levied the penalty of reducing him in rank as Assistant Teacher. He also assails this order on the ground similar to the one taken by Takhat Singh petitioner. In this case it may be noted that in spite of being served none of the respondents has cared to file any counter affidavit and none has appeared on their behalf.