Jitender Singh Tyagi vs Lt. Governor Of Delhi & Ors.
2013 Latest Caselaw 4916 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No. 5755/2007
%                                                     25th October, 2013

JITENDER SINGH TYAGI                           .... Petitioner

                          Through:       Mr. K.K.Tyagi and Mr. Iftekhar
                                         Ahmad, Advocates.
                          versus

LT. GOVERNOR OF DELHI & ORS.                          ..... Respondents

                          Through:

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           By this writ petition, the petitioner impugns the charge-sheet

dated 29.5.2007 issued to him. As per this charge-sheet departmental action

is sought to be taken against the petitioner because petitioner was transferred

from D.A.V. Public School, Sant Nagar, Burari to D.A.V. Public School,

Bhai Radhir Nagar,Ludhiana, Punjab but he did not join at the Ludhiana

school.

2.           Petitioner represented against his transfer order on the ground

that he is an employee of a school in Delhi governed by Delhi School

WPC 5755/2007                                                               Page 1 of 3
 Education Act and Rules, 1973 and pursuant to this representation, made to

the Director of Education, the Director of Education has passed an order

dated 22.6.2006 directing the school to withdraw the transfer order.

3.          On the refusal of the school to implement this order dated

22.6.2006 of the Director of Education, petitioner preferred a W.P.(C) No.

13441/2006 which was dismissed by a learned Single Judge, however, LPA

against the judgment of the learned Single Judge being LPA No. 1991/2006

was allowed by a Division Bench of this Court by its judgment dated

3.10.2008 and it was directed that the school should implement the order

dated 22.6.2006 of the Director of Education. The operative portion of the

judgment of the Division Bench in LPA No. 1991/2006 reads as under:-

      "15. Accordingly, the judgment of the learned Single Judge cannot
           be sustained and the same is set aside. A writ of mandamus is
           issued directing the respondents 2 and 3 to implement the order
           dated 22nd June 2006 passed by the respondent no.1 the
           Director of Education under Section 24(3), not later than 31
           October, 2008 and also pay all arrears and/or payment due to
           him pursuant to the said order dated 22 nd June 2006. The
           appeal is thus allowed with costs quantified at Rs.20,000/-
           payable to the appellant not later than 31st October, 2008."

4.          The school had filed an SLP (Civil) No. 12149-50/2009 against

the judgment of the Division Bench which dismissed by the Supreme Court

on 11.5.2009. Review petition against this order of the Supreme Court was

also dismissed on 10.9.2009.
WPC 5755/2007                                                          Page 2 of 3
 5.           It is therefore clear that petitioner was not bound to comply

with the transfer order issued by the school transferring him from the school

in Delhi to one in Ludhiana, Punjab. Therefore, no charge-sheet also can be

issued against the petitioner on the ground of not complying his transfer

order.

6.           The writ petition is accordingly allowed and the impugned

charge-sheet dated 29.5.2007 and all proceedings emanating therefrom will

stand quashed. Parties are left to bear their own costs.




OCTOBER 25, 2013                              VALMIKI J. MEHTA, J.

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