GANESH RAM BHATT Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner has filed the present petition praying inter alia that respondent No.1/Director of Education (DOE) be directed to take appropriate action against the respondent No.2/School(hereinafter referred as to 'the School') as envisaged under Section 24 of the Delhi School Education Act, 1973(in short 'the Act') and permit him to resume and discharge his duties as the Principal of the School. Further, the petitioner seeks quashing of the order dated 28.4.2011 issued by the School, suspending him w.e.f. 30.4.2011 and the letter dated 26.7.2011, for continuing his suspension till further orders.

(2.) Briefly stated, the relevant facts of the present case are that on 16.8.1994, the petitioner was appointed as a Principal of the School. In the month of April 2011, the School issued memorandums to the petitioner levelling allegations against him with regard to various financial frauds, followed by a notice to show cause dated 23.4.2011 addressed to him wherein the Managing Committee of the School proposed to suspend him from service. The petitioner submitted his reply to the aforesaid notice to show cause vide letter dated 25.4.2011. Thereafter, on 28.4.2011, the School issued a memorandum to the petitioner stating inter alia that vide decision dated 24.4.2011, the Managing Committee had decided to suspend him w.e.f. 30.4.2011 on the allegations of serious financial and administrative irregularities.

(3.) Aggrieved by the aforesaid memorandum of suspension, the petitioner submitted a series of representations to the respondent No.1/DOE for issuing directions to the School to revoke his suspension. On 13.7.2011, the petitioner was informed that an Enquiry Officer had been appointed for conducting a preliminary enquiry into the allegations of financial and administrative irregularities committed by him. On 26.7.2011, the petitioner received a memorandum from the School informing him that the file in respect of his suspension proceedings was under process and the Managing Committee had decided that his suspension should continue till further orders. Aggrieved by the aforesaid decision, the petitioner filed the present petition in September 2011. It is an undisputed position that during the pendency of the present proceedings, the petitioner was removed from service by the School vide order dated 18.4.2013 and approval with regard to his removal from services was accorded by the respondent No.1/DOE on 10.10.2013.