Citation : 2016 Latest Caselaw 4152 Del
Judgement Date : 30 May, 2016
$~5 to 12 and 14 & 15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3331/2016 & CM No.14202/2016,
WP(C)3332/2016 & CM No.14204/2016,
WP(C)3333/2016 & CM No.14206/2016,
WP(C)3515/2016 & CM No.15043/2016,
WP(C)3516/2016 & CM No.15045/2016,
WP(C)3517/2016 & CM No.15050/2016,
WP(C)3520/2016 & CM No.15055/2016,
WP(C)3524/2016 & CM No.15059/2016,
WP(C)3529/2016 & CM No.15084/2016 and
WP(C)3530/2016 & CM No.15086/2016
MEENAKSHI ARORA ..... Petitioner
MAMTA ..... Petitioner
RENU RAINA ..... Petitioner
AVNEET AHLUWALIA ..... Petitioner
NEHA GUPTA ..... Petitioner
POONAM KUMAR ..... Petitioner
SHWETA YADAV ..... Petitioner
SARASWATHY ..... Petitioner
BIDYA JHA ..... Petitioner
RINKU BHAT ..... Petitioner
Through : Ms. Indrani Ghosh with
Ms. Nidhi Jacob, Advocates
versus
MANAGING COMMITTEE ST. ANGELS SCHOOL & ORS.
..... Respondents
Through : Mr. Prakash Gautam with
Mr.Prakash Bhardwaj, Advocates for R-1 to 3.
Mr. Sumit K. Batra with
Ms. N.S. Arora, Advocates for R-4 in
W.P.(C) 3331/2016, WP(C)3332/2016 and
WP(C)3333/2016.
WP(C)No.3331/2016 & connected matters Page 1 of 3
Mr. Saurabh Chadda, Advocate for R-4 in
WP(C)3520/2016, WP(C)3524/2016 &
WP(C)3529/2016.
Ms. Shakshi Popi, Advocate for R-4 in
WP(C)3516/2016 and WP(C)3530/2016.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 30.05.2016
1. The present batch of matters that have been filed by the petitioners, who are all employed with the respondent No.1/School as teachers, assail the orders passed by the Inquiry Officer appointed by the respondent No.1/School, declining the appointment of Ms. Asha Rani as their Defence Assistant. Further, directions have been prayed to direct the respondent No.1 to give effect to the Notification dated 25.3.1991, issued by the respondent No.4/DOE, that permits appointment of a suspended employee as a Defence Assistant.
2. Counsel for the respondents No.1 to 3 states at the outset that though he has filed counter affidavits in opposition to the present petitions, but solely with the object of expediting the inquiry proceedings, he has instructions to state that his clients do not have any objection to the appointment of Ms. Asha Rani, a suspended employee of the respondent No.1/School, as a Defence Assistant in respect of each of the petitioners in the disciplinary proceedings initiated against them. He explains that the respondents No.1 to 3 have an apprehension that the petitioners are trying to delay the inquiry proceedings by insisting on the appointment of the same person as a Defence Assistant in the separate disciplinary proceedings
initiated against them and that is why they had expressed their reservation for permitting Ms. Asha Rani to act as a Defence Assistant for each of the petitioners.
3. The Court is informed that the disciplinary proceedings are at the stage of recording of evidence of the management. Counsels for the parties state that a date may be fixed for the petitioners to appear before the Inquiry Officer so that the inquiry proceedings can continue further.
4. In view of the aforesaid submission, the present petitions are disposed of with permission granted to the petitioners to be represented through Ms. Asha Rani as their Defence Assistant in the disciplinary proceedings initiated against each of them.
5. As the Court is informed that as of now, no date has been fixed before the Inquiry Officer/respondent No.3, it is deemed appropriate to direct the petitioners to appear before the respondent No.3/Inquiry Officer on 10.6.2016, for him to fix fresh dates in each case for further proceedings.
6. It is made clear that neither of the parties shall seek unnecessary adjournments and they shall render all necessary cooperation so that the inquiry proceedings can be concluded at the earliest.
7. The writ petitions are disposed of, along with the pending applications.
HIMA KOHLI, J MAY 30, 2016 sk/mk/ap
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