Delhi High Court
Somesh Kumar vs Khalsa Girls Sr. Sec School And Anr on 12 April, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.1205/2012
% April 12, 2013
SOMESH KUMAR ..... Petitioner
Through: Ms. Kanika Sharma, Advocate.
versus
KHALSA GIRLS SR. SEC SCHOOL AND ANR ..... Respondents
Through: Mr. J.S. Vohra, Advocate for
respondent No.1.
Mr. Rupinder Kaur, Advocate for
respondent No.2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This writ petition challenges the suspension order dated
3.3.2011. Petitioner also seeks payment of suspension allowance. There
were allegations against the petitioner of sexual harassment.
2. Petitioner had in this regard written a letter dated 4.9.2010 to
the principal of respondent No.1 and which reads as under:-
" Dated:4/9/10
11 A.M.
To
The Principal,
Khalsa Girls Sr. Sec. School,
Chuna Mandi, Pahar Ganj, New Delhi-55,
Forwarded to the
Hon'ble Chairman
in the emergency meeting
Sd/- Amarjeet Kaur
Sir,
Subject: Regarding accusations by the Girls students of the
school against my character and behaviour.
Dear Sir, it is requested that serious accusations have been made against
my character and behaviour by the students of the school in front of the
members of the Education Department, therefore, I from myself assure
you that I shall change my behaviour and I shall not give any cause of
complaint regarding my character and behaviour to the management and
teachers of the school. If I could not do so, then according to the law of
Delhi School Education and aided School, my services from the school
may be immediately terminated. I am making this request without any
pressure. I am feeling guilty of my behaviour.
Sd/-Sumesh Kumar
(Applicant)
Sumesh Kumar, Watchman
Khalsa Girls Sr. Sec.School,
Chuna Mandi, Pahar Ganj,
New Delhi.
File the document safely in his
personal file for necessary action by S.M.C.
Sd/- Sd/-
Satpal Singh 4.9.10 Manager
Chairman 4.9.10"
3. Counsel for the petitioner states that this letter was got written
by force from the petitioner.
4. Today, the fact of the matter is that suspension order has been
passed way back on 3.3.2011 but no departmental enquiry in accordance
with the Delhi School Education Act and Rules, 1973 has taken place
against the petitioner.
5. In my opinion, suspension orders are interfered with by the
Courts only in gravest of grave circumstances or when the order is totally
without any basis. In case, such as the present, there are grave charges of
sexual harassment against the petitioner of girl students. Petitioner has also
written a letter asking for apology, which is signed by witnesses also, which
letter the petitioner denies as having been got written allegedly by force.
Therefore, in these facts no ground is made out for revocation of the
suspension order dated 3.3.2011 which has been passed against the
petitioner.
6. However, it is ordered that the respondent No.1-school will
now forthwith commence departmental proceedings in accordance with the
Delhi School Education Act and Rules, 1973 against the petitioner with
respect to alleged misconduct. Petitioner will be issued show cause notice
alongwith article of charges in accordance with law. The petitioner will be
supplied the necessary documents which are relied upon in the article of
charges. Departmental proceedings be carried out in accordance with the
provision of Delhi School Education Act and Rules, 1973 and be completed
within a period of six months from today.
7. Counsel for respondent No.1 states that petitioner is being paid
and will be continued to be paid the suspension allowance in accordance
with the rules till the enquiry proceedings are completed against the
petitioner.
8. Writ petition is accordingly dismissed, subject however to
aforesaid observations for conducting of the enquiry.
VALMIKI J. MEHTA, J
APRIL 12, 2013
Ne
