Geeta Bal Bharti Sr. Sec. School and Anr. v. Savita Khuranan and Ors.

Delhi High Court · 02 May 2018 · 2018:DHC:2841
Sunil Gaur
W.P.(C) 4664/2018
2018:DHC:2841
administrative other

AI Summary

The Delhi High Court stayed an order setting aside a demotion of a school employee, emphasizing the necessity of a proper inquiry and prior approval for reduction in rank under the Delhi School Education Act rules.

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W.P.(C) 4664/2018
HIGH COURT OF DELHI
W.P.(C) 4664/2018
GEETA BAL BHARTI SR. SEC. SCHOOL AND ANR. ....Petitioners
Through: Mr. Parvinder Chauhan with Mr. Nitin Jain, Advocates
VERSUS
SMT. SAVITA KHURANAN AND ORS. ..... Respondents
Through: Mr. Gaurav Dhingra, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 02.05.2018
JUDGMENT

1. Impugned order sets aside first respondent’s demotion from the post of Vice-Principal to PGT by holding that no inquiry as per Rules 118 and 120 of Delhi School Education Act and Rules, 1973 was conducted and the reduction in rank was not with the prior approval of Director of Education.

2. Learned counsel for petitioner assails impugned order of 23rd February, 2018 while relying upon inquiry report of 23rd December, 2016 vide which second respondent was declared senior to first respondent and as a consequence thereof, the first respondent was reverted from the post of Vice-Principal to the post of PGT.

3. Learned counsel for petitioner submits that without adverting to the aforesaid inquiry report of 23rd December, 2016 impugned order has been rendered which is per se illegal. 2018:DHC:2841 W.P.(C) 4664/2018

4. Notice. Mr. Gaurav Dhingra, Advocate accepts notice on behalf of respondent no. 3.

5. Notice of this petition be issued to respondent nos. 1 and 2, through speed post and approved courier, returnable on 16th August, 2018.

6. Records be requisitioned.

7. List on 16th August, 2018. Till the next date of hearing, operation of the impugned order shall remain stayed. Dasti.

SUNIL GAUR, J MAY 02, 2018 P