MANJEET SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this writ petition under Art. 226 and Art. 227 of the Constitution of India, the petitioner impugns the judgment of the Delhi School Tribunal (DST) dated 29.8.2008 by which the DST has dismissed the appeal filed by the petitioner challenging the order dated 28.10.2006 passed by the respondents/Guru Harkrishan Public School (represented by respondent nos.4 to 6) imposing the penalty of removal from services upon the petitioner. The petitioner was served with the following Articles of Charges dated 17.4.2006:-

(2.) Petitioner submitted his statement of defence to the charge-sheet on 2.5.2006. On 15-19/6/2006 one Advocate Mr. Satish Chandra Pathak was appointed as an Enquiry Officer. Enquiry Officer issued various notices to the petitioner for appearance but petitioner did not appear and which aspect is stated by the DST in para 6 of the impugned judgment of the DST, being the case of the management, as under:-

(3.) Since the petitioner did not appear before the Enquiry Officer, ex-parte proceedings were held against the petitioner. Respondent nos.3 to 6/school led evidence of as many as nine witnesses and also proved various documents through these witnesses. Enquiry Officer discussing the issues and the evidence which was led held that all the six charges against the petitioner stood proved. Enquiry Officer therefore gave his report dated 12.9.2006 indicting the petitioner. The report of the Enquiry Officer was given to the petitioner along with the letter dated 19.9.2006. Petitioner was thereafter served a show cause notice dated 18.10.2006 proposing the punishment of removal from his services and calling for his comments against the proposed punishment. Petitioner sent his reply dated 26.10.2006. The impugned termination order was thereafter passed against the petitioner by the disciplinary authority with approval of the managing committee on 28.10.2006.