Vipul Ganda is an Independent Litigation Counsel with over 14 years of experience and a proven track record in Litigation and Dispute Resolution.
Mangal Sain Jain Versus Principal, Balvantray Mehta Vidya Bhawan And Ors.
Court / Forum : Delhi High Court Citation : W.P. (C) 3415/2012 Coram : Justice Jyoti Singh Subject : Section 8(2) of the Delhi School Education Act and Rules, 1973 (“DSEA&R”) Date of Decision : 2020-08-10
li>Disciplinary proceedings were initiated against the petitioner for some irregularities during his tenure as Accounts Clerk with Respondent.
The disciplinary proceedings culminated into a penalty of discharge and vide order dated April 21, 2008, petitioner’s services were dispensed with.
The Managing Committee had not constituted the Disciplinary Committee in terms of Rule 118 of DSEA&R for conducting disciplinary proceedings against the petitioner.
The Discharge order was assailed in an appeal before the Delhi School Tribunal under Section 8(3) of the DSEA&R. Being unsuccessful in its challenge before the Delhi School Tribunal, Petitioner filed the present petition.
The petitioner raised the contention that the order of discharge was passed without complying with the provisions of Section 8(2) of DSEA&R, which mandates prior approval of the Director of Education, before imposing the penalty of dismissal, removal or reduction in rank.
Whether the chargesheet was issued by the Disciplinary Committee, as per the mandate of Rules 118 and 120 of DSEA&R and if not, the effect thereof?
Whether the Discharge order passed without prior approval of the Director of Education, as required under Section 8(2) of DSEA&R, is liable to be quashed?
With respect to first issue, the court held that Rule 118 of DSEA&R provides that the Disciplinary Committee in respect of every recognized private school, whether aided or not, shall consist of the Chairman of the Managing Committee of the School, the Manager of the School, a Nominee of the appropriate Authority, Head of the School and a Teacher, who is Member of the Managing Committee of the School nominated by the Chairman. Since the allegations against the Petitioner were never placed before the Disciplinary Committee and the chargesheet was not framed by it, the chargesheet itself is not sustainable in law and thus further proceedings stand vitiated.
With respect to second issue, the Hon’ble High Court relied upon Raj Kumar v. Director of Education and Others [(2016)6 SCC 541], wherein it was held that Section 8(2) of DSEA&R is one of the precautionary safeguards which needs to be followed to ensure that employees of Educational Institutions do not suffer unfair treatment at the hands of the Management. The court declared the termination order to be bad in law on the ground that the Management Committee had not obtained prior approval, from the Director of Education as required under Section 8(2) of the DSEA&R, before passing order.
Accordingly, the Hon’ble High Court quashed and set aside both the discharge order and Delhi School Tribunal order and further held that the Petitioner is entitled to reinstatement with effect from the date of discharge up to the date of his superannuation.
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.