DINESH SINGH RAWAT Vs. CHAIRMAN, RYAN INTERNATIONAL SCHOOL

JUDGEMENT

(1.) In the first round of litigation, consequent upon a departmental inquiry, penalty of dismissal was inflicted upon petitioner which he had challenged by way of an appeal before Delhi School Tribunal. Vide order of 17th October, 2016, the Delhi School Tribunal had set aside the penalty imposed upon petitioner and directed his reinstatement within four weeks. The said order was challenged by respondent herein by way of a writ petition which stood allowed vide order of 16th May, 2017 (Annexure P-2). The order (Annexure P-1) of Delhi School Tribunal was set aside and the matter was remanded back to the Disciplinary Committee to take a decision whether it will proceed against petitioner herein in departmental inquiry and if not, then the matter shall be treated as closed. This Court, vide order of 16th May, 2017 (Annexure P-2) had permitted the respondent to conduct the proceedings in terms of Rule 120 of the Delhi School Education Rules, 1973 and pass orders with regard to the post dismissal period.

(2.) The challenge in this petition is to an order of 4th July, 2017 passed by respondent-School whereby petitioner was suspended with retrospective effect while denying back wages for the post dismissal period. In this petition, a direction is sought to respondent-school to pay full salary from the date of earlier dismissal i.e. 20th February, 2013.

(3.) Upon hearing and on perusal of charge sheet of 4th July, 2017 and the material on record, I find that petitioner's representation against the charge sheet of 4th July, 2017 (Annexure P-3) has been responded to by the respondent-school vide Reply (Annexure P-5) on 28th July, 2017 and its perusal reveals that the directions of this Court in the order (Annexure P-2) regarding the period post dismissal has not been dealt with the proper prospective. During the course of hearing, petitioner's counsel relied upon a decision of a Coordinate Bench of this Court in Ajay Singh Vs. Delhi Police Public School & Ors.,2005 SCCOnLine(Del) 6, and another decision of a coordinate Bench of this Court in Ramesh Chander Dubey Vs. Director of Education & Anr.,2009 SCCOnLine(Del) 554, to submit that sub-Rule 4 of Rule 115 of the Delhi School Education Rules, 1973 would not apply as termination of service was without following the mandate of Rule 120 of the Delhi School Education Rules, 197