BALJINDER KAUR Vs. GURU HARKISHAN PUBLIC SCHOOL

JUDGEMENT

(1.) Petitioner by this writ petition seeks quashing and setting aside of the order dated 25.10.2013 passed by respondent no.1-school whereby the suspension of the petitioner is continued. This order dated 25.10.2013 reads as under:- <FRM>JUDGEMENT_3359_ILRDLH23_2013_1.html</FRM>

(2.) Petitioner is charged with having taken an employment when she was not duly qualified for being appointed as a teacher with the respondent no.1- school. Accordingly, a show-cause notice dated 2.9.2011 was issued to the petitioner calling for her explanation. Before departmental proceedings could be initiated against the petitioner, petitioner approached this Court by filing W.P.(C) No. 8041/2011 challenging the proceedings emanating from the show cause notice dated 2.9.2011.

(3.) Suspension of an employee is in terms of Rule 115 of the Delhi School Education Rules, 1973. Sub-Rule 2 of Rule 115 provides an original period of suspension of six months. The period of suspension can be extended by the Managing Committee for a further period. The object of giving six month's time validity to a suspension order is to complete the enquiry proceedings by the school against the charge-sheeted employee in this period. Extension of course is provided for by the Managing Committee and which extension will have to satisfy the requirement that there are valid reasons for extending the suspension period beyond the period of six months. Let us therefore examine the facts of the present case as to whether the suspension order is justified inasmuch as the suspension order continues an earlier order of suspension passed way back on 12.10.2011.