AJAY SINGH Vs. DELHI POLICE PUBLIC SCHOOL

JUDGEMENT

(1.) -Petitioner, Mr. Ajay Singh, by this writ petition, assails the invocation of Rule 115(4) of the Delhi Education Rules, 1973, whereby he was placed under suspension by an order bearing No. DPPS/2360 dated 7.11.2003, from the date of his original termination from service w.e.f. 31.1.2002. Petitioner further assails the rejection of his representation dated 27.11.2003 against anorder dated 7.11.2003, by communication dated 2.12.2003, justifying the deemed suspension from the date of original order in terms of Rule 115(4) and further holding that no statutory approval under Section 8 of the Delhi Education Act was required.

(2.) During the course of submissions, Mr. Sandeep Sethi, learned Senior Counsel for the petitioner, has confined relief to petitioner's claim for his dues from 1.2.2002 to the date of passing of the order of suspension i.e., 7.11.2003. The submission of Mr. Sethi is that Rule 115(4) could not have been invoked and is not attracted. Hence after the original termination order has been set aside, there can be no deemed suspension from the said date and the suspension order can only be prospective without prejudice to the petitioner's rights to assail the same.

(3.) For an appreciation of the matter in controversy, let me notice the facts, as are borne out from the record.