MODERN SCHOOL Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) By this common judgment and order I propose to dispose of the two writ petitions, namely, CWP No.5304/1997 and CWP No.1869/1998 as the facts and the issues arising in the said petitions are similar and interconnected.

(2.) Shri Shashi Pal Sharma, the respondent No.4 in CWP No.5304/1997 and the petitioner in CWP No.1869/1998 (hereinafter called `the respondent No.4') was appointed as Sanskrit Teacher in the Modern School (hereinafter called `the school') on 2.6.1978 and since then he was working in the school, which is the petitioner in CWP No.5304/1997 and respondent No.4 in CWP No.1869/1998 filed by the respondent No.4.

(3.) There was some family discord in between the respondent No.4 and his wife for which a complaint was filed by the wife of the teacher before the school authority. The school also made certain inquiries with regard to certain documents filed by the respondent No.4 with the authority to claim income tax benefits. On the inquiries made by the school it was found that the documents placed by him to claim the income tax benefits under the Income Tax Act were not genuine. Around the same time, the respondent No.4 submitted his resignation stating that due to some urgent and serious domestic problems it was difficult for him to continue to serve in the school. By sending the said letter on 17.3.1997 he requested for acceptance of the said letter of resignation. The Principal of the school accepted the said resignation on 18.3.1997, which was also shown to have been approved by the Managing Committee of the school on 18.3.1997 by circulation. The letter of resignation submitted by the teacher was forwarded to the Director of Education by the school on 19.3.1997 stating that the said resignation had been accepted subject to the approval of the Director of Education and sought for an early approval of the same. In the resolution of the Managing Committee dated 18.3.1997, which was shown to have been accepted by circulation, it was stated that after obtaining the sanction of the Director of Education, the respondent No.4, Mr.S.P.Sharma, be relieved from his duties after expiry of the three months notice period stipulated by Delhi School Education Act and the Rules. A copy of the said resolution is placed on record, which indicates that some of the members of the Managing Committee did not sign the said resolution. After accepting the said resignation the Principal of the school informed the respondent No.4 by letter dated 13.5.1997 that his resignation letter had been accepted and that he would stand relieved with effect from 17.6.1997, i.e., after expiry of three months' notice period.