SUKHDEV JAIN Vs. MODERN SCHOOL

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against the judgment dated 13.10.2017 rendered by the learned Single Judge in the writ petition preferred by the appellant, i.e. W.P.(C.) No. 5629/2017, wherein the appellant had assailed the order dated 02.11.2016 passed by the Delhi School Tribunal in Appeal No.28/2013. The Tribunal dismissed the appeal preferred by the appellant against his removal from service by the respondent school.

(2.) The appellant was charge-sheeted on the basis of two complaints dated 17.12.2004 and 29.12.2004 made by the uncle and the mother of a student of the respondent school. The Articles of Charge contained in the charge-sheet dated 15.04.2005 were as follows:

(3.) The Disciplinary Authority appointed Mr. Justice S.K. Agarwal, Retired Judge of this Court, as the Inquiry Officer - who conducted inquiry and found the appellant guilty of all the charges in his detailed inquiry report dated 04.05.2012. The appellant was given a show-cause notice proposing the punishment of removal from service on 13.07.2012, to which he responded on 30.07.2012. The Disciplinary Committee recommended imposition of the penalty of removal from service after consideration of the appellant's representation in its meeting held on 19.09.2012. The said recommendation was placed before the Managing Committee on 14.03.2013, which approved the recommendations made by the Disciplinary Committee. Consequently, the appellant was communicated his removal from service on 25.03.2013. As noticed above, the Delhi School Tribunal rejected the appellant's appeal, finding no merit therein.