RAJNIKANTH UPADHYAYA Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) THE following reliefs have been claimed in this writ petition:-

(2.) SO far as Relief No.a of suspension of petitioner no.8 is concerned, counsel for respondent nos. 3 and 4 school states that the petitioner no.8 was dismissed from service after following due process of law under the Delhi School Education Act and Rules, 1973 (for short the 'Act'). The order is dated 25.01.2012. Once an order is passed against an employee/teacher removing such person from service the order is appealable to the Delhi School Tribunal as per Shashi Gaur Vs. NCT of Delhi, (2001) 10 SCC 445. Accordingly no further orders are required to be passed so far as prayer No.a is concerned, and so far as this relief is concerned, the writ petition will stand dismissed. Interim order dated 30.01.2012 stands vacated giving liberty to the petitioner to file such independent and appropriate proceedings to challenge the removal of petitioner no.8 in accordance with law.

(3.) SO far as prayer (d) is concerned, this prayer cannot be granted because every school is entitled to take action in accordance with law against any of its teacher or employee. Counsel for respondent nos. 3 and 4 reiterates that whatever action will be taken against the petitioners, the same will be in accordance with the Act and Rules. Accordingly, no further order is required to be passed also as far as prayer (d) is concerned.