HARI OM SHARMA Vs. KULACHI HANSRAJ MODEL SCHOOL

JUDGEMENT

(1.) This petition impugns the order dated 07.09.2010 passed by the Presiding Officer, Delhi School Tribunal, the Inquiry Report dated 05.02.2002 of the Enquiry Officer and the order of imposition of major penalty of removal from the service of the petitioner conveyed to him vide Order Ref. No. 17682/2002 dated 14.08.2002. It is not in dispute that the inquiry was conducted by a retired District & Sessions Judge, a person with a trained legal mind. The petitioner contends that before a person so qualified and experienced in law, the petitioner should have been accorded the opportunity of being assisted by a lawyer; this assistance was not permitted, hence the entire proceedings were vitiated because of denial of principles of natural justice.

(2.) Mr. Rajinder Nischal, the learned counsel for the respondent relies upon the Supreme Court judgment in Chairman, LIC of India and Ors. Vs. A. Masilamani (2013) 6 SCC 530 which inter alia held as under:

(3.) In Civil Appeal No. 8224 of 2012, titled. Professor Ramesh Chandra Vs. University of Delhi and Ors., the Supreme Court held that if any person who is or was a legal practitioner, including a retired Honourable Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair.