THE MANAGING COMMITTEE OF NUTAN VIDYA MANDIR SENIOR SECONDARY SCHOOL Vs. DIRECTOR OF EDUCATION & ANR.

JUDGEMENT

(1.) W.P.(C) No. 10759/2009 and C.M. No. 9764/2009 (stay)

(2.) BY this writ petition, the petitioner -school impugns the judgment of the Delhi School Tribunal (DST) dated 30.4.2009 whereby the appeal of the respondent No. 2/teacher before the DST was allowed and it was directed that the respondent No. 2 herein will stand reinstated in service. The school management was also directed to act in terms of Rule 121 of the Delhi School Education Rules, 1973 for deciding the issue of payment of salary for the intervening period, allowances and other consequential benefits to the respondent No. 2 herein. The case of the petitioner -school before the DST was that respondent No. 2 used to inflict corporal punishment and therefore various memos were given to her. It is stated that the respondent No. 2 thereafter had resigned. However, it was simultaneously also pleaded by the petitioner before the DST that Articles of Charges were served upon the respondent No. 2, enquiry proceedings were held, the Enquiry Officer gave his report and thereafter the respondent No. 2's services were terminated by giving three months' notice pay.

(3.) DURING the course of hearing, I put three specific queries to the counsel for the petitioner as under: