Sanjeev Kumar v. Mansha Education Society

Delhi High Court · 13 Feb 2018 · 2018:DHC:1108
Sunil Gaur
W.P.(C) 1342/2018
2018:DHC:1108
administrative petition_dismissed

AI Summary

The court held that a suspension order requires approval from the competent authority to be valid and directed the authorities to decide the petitioner's representation within a week, declining interim relief.

Full Text
Translation output
W.P.(C) 1342/2018
HIGH COURT OF DELHI
Date of Order: February 13, 2018
W.P.(C) 1342/2018 & C.Ms. 5559-60/2018
SANJEEV KUMAR ..... Petitioner
Through: Mr. Charanjeet Singh & Ms. Manu Parashar, Advocates
VERSUS
MANSHA EDUCATION SOCIETY, THROUGH: ITS PRESIDENT AND ORS. ..... Respondents
Through: Mr. Ashok Aggarwal & Mr. Ashutosh Dixit, Advocates for respondents
No.1 & 2 Ms. Ruchira Gupta & Mr. Anurag Sharma, Advocates for respondent No.3
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
(ORAL)
ORDER

1. Petitioner is a Post Graduate Teacher (Physics) with respondent- School, who has been suspended vide impugned order of 23rd December, 2017 (Annexure P-1), against which he had sent a Representation of 30th December, 2017 (Annexure P-5 colly) to respondent-School and to respondent- Directorate of Education.

2. According to petitioner’s counsel, there is no response to above said Representation of 30th December, 2017 (Annexure P-5 colly).

3. Mr. Ashok Aggarwal, Advocate, appearing for respondent-School submits that immediately after passing of impugned order, approval has been sought from respondent- Directorate of Education, who had sought 2018:DHC:1108 W.P.(C) 1342/2018 some information last week qua impugned order, which was promptly supplied and till date, approval has not been received.

4. The prayer for interim relief is declined because the suspension order of 23rd December, 2017 (Annexure P-1) has neither been approved nor disapproved by the competent authority.

5. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with direction to respondent-School as well as respondent- Directorate of Education to pass a speaking order on petitioner’s Representation of 30th December, 2017 (Annexure P-5 colly) within a week and its fate be conveyed to petitioner within two days thereafter, so that petitioner may avail of the remedies, as available in law, if need be.

6. With aforesaid directions, this petition and the applications are disposed of. Dasti.

JUDGE FEBRUARY 13, 2018 r