LAWS(DLH)-2024-1-128

GURU NANAK PUBLIC SCHOOL Vs. RUCHI MALHOTRA

Decided On January 19, 2024
Guru Nanak Public School Appellant
V/S
Ruchi Malhotra Respondents

JUDGEMENT

(1.) The present appeal under Clause X of the Letters Patent Appeal seeks to assail the order dtd. 9/12/2019 passed by the learned Single Judge in W.P.(C) 3567/2019. Vide the impugned order, the learned Single Judge has allowed the writ petition preferred by the respondent no. 1, and consequently while quashing the order dtd. 23/10/2017, vide which she was suspended, directed the appellant to pay her full wages for the period between the date of her suspension and the date of her termination.

(2.) Before dealing with the rival submissions of the parties, it may be apposite to note, in brief, the factual matrix emerging from the record.

(3.) The respondent no.1 had joined services of the appellant/school as a teacher on 2/7/1997. After almost 20 years of service of the respondent, the appellant, in contemplation of disciplinary proceedings to be held against her, passed an order dtd. 23/10/2017 suspending her during the pendency of the enquiry. Since this order was passed without seeking any approval from the Director of Education, the respondent approached this Court to assail the said order. In the meanwhile, the appellant also passed an order terminating the service of the respondent on 16/8/2019, challenge to which order at the behest of the respondent is pending before the Delhi School Tribunal.