DINESH SINGH RAWAT Vs. CHAIRMAN & ORS

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 10 of the Letters Patent Act impugns the judgment and order dated 23.03.2018 rendered by a learned Single Judge of this Court in Writ Petition (Civil) No. 8294/2017, titled as 'Dinesh Singh Rawat vs. Chairman, Ryan International School, whereby the same was disposed off with a direction to the respondent/School to conclude the enquiry in pursuance of the charge sheet dated 04.07.2017 issued to the appellant, within a period of three months from the date already fixed.

(2.) Before we proceed to adjudicate the present appeal, it would be necessary to observe that the present proceedings are the second round of litigation in relation to the disciplinary proceedings conducted by the respondent/School qua the appellant. In the first round, the appellant had assailed his dismissal from service by the Management of the respondent/School by preferring an appeal before the Delhi School Tribunal. The said Tribunal by its order dated 17.10.2016 in Appeal No. 18/2013 directed reinstatement of the appellant inter alia with all consequential benefits and back wages, essentially on the ground that the disciplinary authority had not been constituted in consonance with the provisions of Rule 118 of the Delhi School Education Rules, 1973 (hereinafter referred to as 'the said Rules').

(3.) A learned Single Judge of this Court vide order dated 16.05.2017 in W.P. (C) No. 1298/2017, titled as "The Chairman, Ryan International School vs. Dinesh Singh Rawat & Ors" had set aside the said order dated 17.10.2016 and remanded the matter back to the Disciplinary Committee to take a decision, whether to proceed against the appellant in a disciplinary enquiry and, if not, then the matter shall be treated as closed. It was further directed that if the disciplinary enquiry is to be conducted against the appellant, then the respondent/School shall conduct proceedings in terms of Rule 120 of the said Rules and pass orders with regard to the period post dismissal of the appellant, in accordance with law.