Arvind Kumar Gupta vs Bhawan???S Sawan Public School & ...
2011 Latest Caselaw 2835 Del

                                                          UNREPORTABLE


*     IN THE HIGH COURT OF DELHI AT NEW DELHI


                            WP (C) No.3451/2011


                                           Date of Decision: May 26, 2011


      ARVIND KUMAR GUPTA                     ..... Petitioner
                    through Mr. G.D.Bhandari, Advocate

                      versus


      BHAWAN'S SAWAN PUBLIC SCHOOL & ORS ..... Respondents
                   through Mr. Sushil Dutt Salwan, ASC for
                   respondents No.3 & 4.

      CORAM:
      HON'BLE MISS JUSTICE REKHA SHARMA

1.    Whether the reporters of local papers may be allowed to see
      the judgment? No
2.    To be referred to the reporter or not? No
3.    Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This writ-petition has been preferred against memorandum

dated April 13, 2011 whereby respondent No.2 after considering

the report of the Inquiry Officer, nature of charges and

recommendations of the Disciplinary Committee, has proposed

imposition of major penalty of removal of the petitioner from service

as per provisions of Rule 117(b)(iii) of Delhi School Education

Rules, 1973 and has given an opportunity to the petitioner to make

WP (C) No.3451/2011 Page 1 representation, if any, against the proposed penalty. The petitioner

instead of making a representation to the School Authorities has

come to this Court, alleging that the charge-sheet served upon him

and the inquiry held pursuant thereto are liable to be quashed, on

the ground that the charge-sheet is vague and the inquiry report is

based on no evidence at all.

On a perusal of the writ-petition, I find that the petitioner has

made no prayer for either the quashing of the charge-sheet or the

inquiry report. The only prayer that has been made is for quashing

of the impugned memorandum of April 13, 2011. In my view, the

writ-petition is pre-mature, as no order so far has been passed

regarding the proposed punishment of dismissal.

The writ-petition has no merit. The same is dismissed.

REKHA SHARMA, J.

MAY 26, 2011
ka




WP (C) No.3451/2011                                               Page 2