Full Text
W.P.(C) 7090/2010
ALKAPAHUJA ..... Petitioner
Through: Mr. Raj Kumar Sherawat, Adv.
AND ORS ..... Respondents
Through: Ms. Jyoti Singh, Sr. Adv. with Mr. Bhagwant Singh, Ms. Manpreet Kaur and Mr. Mansimran Singh, Adv. for
R-1.
Mr. Sanjeev Sabharwal, Adv. for R-3.
S PARAMJEET SINGH ..... Petitioner
Through: Raj Kumar Sherawat, Adv.
SCHOOL AND ORS
S DALJITSINGH..... Respondents R-1.
Ms. Bandana Shukla, Adv. for Ms. Ruchi Sindhwani, adv. for R-3. ..... Petitioner
Through: Mr. Raj Kumar Sherawat, Adv. W.P.(C) 709012010 & conn. page 1 of3
2013:DHC:7462
ORS ..... Respondents
Ms. Anjana Gosain, Adv. for R-3.
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
/o 02.08.2013
ORDER
1. Today before me on behalf ofthe petitioner the limited relief which is prayed is for quashing of the chargesheet dated 15.9.2010 on two grounds. First is that no Disciplinary Committee was constituted in terms of Rule 118 of the Delhi School Education Rules, 1973 before issuing the chargesheet. Second ground is that even if the Disciplinary Committee was constituted, the nominee as per the Disciplinary Committee who issued the chargesheet was the Chairman of the school, and against the Chairman, the chargesheet itself refers to issues which have to be decided and thereby making the Chairman a judge in his own cause. W.P.(C) 7090/2010& conn. page 2 of[3]
2. Learned senior counsel the respondent no.1-school states that so far as the factual averments which are made in the chargesheet are concerned, the respondent no.1-school stands by the same, however, in view of the legal aspects with respect to the jurisdiction of the chargesheet issued, the respondent no.1-school very fairly does not want to prolong this litigation because the departmental proceedings are held up on account of the chargesheet dated 15.9.2010 being stayed by this Court. It is further prayed that the respondent no.l-school in accordance with the law, be now permitted to issue a fresh chargesheet and which the respondent no.1-school proposes to do.
3. In view of the above, the chargesheet dated 15.9.2010 is set aside by giving liberty to respondent no.1 to take action against the petitioner in accordance with the Rules 118 to 120 ofthe Delhi School Education Act and Rules, 1973 and other provisions ifapplicable.
4. Writ petitions are disposed ofwith the aforesaid observations.