JITENDER SINGH TYAGI Vs. LT. GOVERNOR OF DELHI

JUDGEMENT

(1.) By this writ petition, the petitioner impugns the charge-sheet dated 29.5.2007 issued to him. As per this charge-sheet departmental action is sought to be taken against the petitioner because petitioner was transferred from D.A.V. Public School, Sant Nagar, Burari to D.A.V. Public School, Bhai Radhir Nagar,Ludhiana, Punjab but he did not join at the Ludhiana school.

(2.) Petitioner represented against his transfer order on the ground that he is an employee of a school in Delhi governed by Delhi School Education Act and Rules, 1973 and pursuant to this representation, made to the Director of Education, the Director of Education has passed an order dated 22.6.2006 directing the school to withdraw the transfer order.

(3.) On the refusal of the school to implement this order dated 22.6.2006 of the Director of Education, petitioner preferred a W.P.(C) No. 13441/2006 which was dismissed by a learned Single Judge, however, LPA against the judgment of the learned Single Judge being LPA No. 1991/2006 was allowed by a Division Bench of this Court by its judgment dated 3.10.2008 and it was directed that the school should implement the order dated 22.6.2006 of the Director of Education. The operative portion of the judgment of the Division Bench in LPA No. 1991/2006 reads as under:-