Purshottam Dutt. vs Savitri Public School And Anr.
2018 Latest Caselaw 1633 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of Order: March 09, 2018

+                   W.P.(C) 2207/2018 & CM Nos.9150-51/2018

        PURSHOTTAM DUTT.                                 ..... Petitioner
                       Through:         Mr.M. Padhi, Advocate
                versus

        SAVITRI PUBLIC SCHOOL AND ANR.             .....Respondents
                      Through: Ms. Vibha Mahajan Seth,
                      Advocate for respondent No.2
        CORAM:
        HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

(ORAL)

1. Against the penalty of removal from service, petitioner has approached this Court instead of filing an appeal before the Delhi School Tribunal in terms of Section 8 (3) of The Delhi School Education Act, 1973.

2. Learned counsel for petitioner submits that since the termination of petitioner is wholly illegal, therefore, this petition has been filed. Attention of this Court is drawn to order of 5th October, 2016 (Annexure P-9) to point out that respondent-School had withdrawn the order of 17th May, 2016 vide which petitioner was removed from service and so, passing of impugned order of 12th October, 2017 is wholly unjustified.

3. Learned counsel for respondent No.2-Directorate of Education points out that withdrawal of earlier removal order of 17 th May, 2016 was

subject to pending approval by Directorate of Education and now, the said approval has been granted and so, impugned order is required to be challenged before the Delhi School Tribunal.

4. Since the remedy against impugned order lies with the Delhi School Tribunal, therefore, petitioner is relegated to avail of the remedies by filing an appeal before the Delhi School Tribunal. It is expected that if an appeal is filed within a week from today, then delay if any, deserves to be condoned, so that the appeal, if filed, is decided on merits.

5. With aforesaid observations, this petition and the application are disposed of.

Dasti.

(SUNIL GAUR) JUDGE MARCH 09, 2018 s