JAGJIT SINGH Vs. ADMINISTRATOR OF DELHI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against judgment dated 8th March, 1988 passed by the Presiding Officer, Delhi School Education Tribunal, Delhi in Appeal No.3/86 whereby the Tribunal dismissed the said appeal preferred by the petitioner against the punishment of dismissal imposed by the Respondent School pursuant to departmental enquiry conducted against the petitioner. Facts are mentioned in detail by the Education Tribunal in his judgment and, therefore, it is not necessary to state the facts in complete details here. Therefore, only those facts, which are relevant for determining the controversy, would be stated.

(2.) The petitioner was working as Trained Graduate Teacher (TGT) with Respondent No.4 School, namely, DAV Secondary School, Delhi Cantt. Alleging grave and serious charges against the petitioner, the Charge-sheet was issued and the disciplinary proceedings were started. The petitioner filed writ petition being CWP.No.2603/84 in this Court challenging the disciplinary proceedings. This writ petition was dismissed by Division Bench of this Court by order dated 26th February, 1985. Insofar as enquiry against the petitioner is concerned, admittedly, the petitioner did not appear before the Enquiry Officer on number of dates and consequently ex-parte enquiry order held against him. The Disciplinary Authority gave the findings dated 22nd March, 1985 that charges were proved against the petitioner. On the basis of the said findings a show cause notice dated 8th April, 1985 was given to the petitioner. On receipt of the said show cause notice petitioner wrote letter dated 3rd May, 1985 wherein he stated that in order to give reply effectively to the said show cause notice he may be supplied statement of witnesses and other documents, the details of which he gave in the said communication dated 3rd May, 1985. Respondent no.3 replied to the aforesaid letter dated 3rd May, 1985 by its letter dated 14th May, 1985 giving an opportunity to the petitioner to inspect the document personally in the office of the Disciplinary Authority on 25th May, 1985 as demanded by the petitioner vide his letter dated 3rd May, 1985. As per the version of the petitioner he was away to Bombay during this period and when he came back from Bombay on 8th June, 1985 he received letter dated 14th May, 1985. Accordingly, he addressed letter dated 10th June, 1985 to the Disciplinary Authority praying for inspection of the relevant documents. However, Disciplinary Authority replied vide its letter dated 22nd July, 1985 stating that the matter had already been referred to the Director of Education. It may be stated that according to the Respondent School when the petitioner did not turn up on 25th May, 1985 to inspect the record and failed to avail the opportunity the Disciplinary Authority decided to pass the penalty of dismissal on the appellant and accordingly referred the case for approval of the Director of Education, Delhi Administration. After the such approval was given by Director of Education, order of dismissal dated 30th October, 1985 was conveyed to the petitioner.

(3.) The petitioner challenged this order of dismissal by filing an appeal under Section 8(3) of the Delhi School Education Act and Rule 120 of Delhi School Education Rules before Delhi School Tribunal which was registered as Appeal No.3/86. The appeal of the petitioner was heard and vide impugned judgment dated 8th March, 1988 the same was dismissed. The present writ petition has been filed against this judgment of the Delhi School Tribunal.