Delhi High Court
Anthony B D Costa vs The Indian School And Ors on 21 December, 2021
$~26 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.12.2021
+ LPA 489/2021
ANTHONY B D COSTA ..... Appellant
Through Mr Khagesh B. Jha, Ms Shikha
Sharma Bagga, Mr Mayank Singhal
and Mr Vijay Kumar Tiwari, Advs.
versus
THE INDIAN SCHOOL AND ORS ..... Respondent
Through Mr Sanjeev Ralli, Sr. Advocate with
Mr Mohit Mudgal, Mr Devavrat Joshi
and Mr Ravi Kant, Advs. for R-1.
Mr Santosh Kumar Tripathi, Standing
Counsel for GNCTD with Mr Arun
Panwar and Ms Vrinda Singh, Advs.
for R-3 & 4.
Mr Ruchira Gupta, Mr Rajvansh and
Ms Nancy Shah, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):-
CM No.46504/2021
1. Allowed, subject to just exceptions.
LPA 489/2021
CM No.46503/2021 [Application filed on behalf of the appellant for
interim relief]
CM No.46505/2021 [Application filed on behalf of the appellant for
placing on record additional documents]
2. This is an appeal directed against the learned single judge's order
dated 02.12.2021, passed in W.P.(C) No.13656/2021.
Signature Not Verified
Signed By:VIPIN KUMAR RAI
Signing Date:24.12.2021
16:29:33
3. Mr Khagesh B. Jha, who appears on behalf of the appellant, for the
moment, confines this appeal to only one single aspect, which is that the
appeal pending before the Delhi School Tribunal [in short "the DST"] i.e.,
Appeal No. 13/2020, should be disposed of, within a given timeframe.
3.1. Mr Sanjeev Ralli, learned senior counsel, who appears on behalf of
respondent no.1/School and Mr Santosh Kumar Tripathi, who appears on
behalf of Government of NCT of Delhi (GNCTD), say that they will have
no objection, if such a direction is issued by this Court.
4. On a perusal of the impugned order, we find that the learned single
judge has given liberty to the counsel for the appellant, to mention the
matter before the DST, for expeditious disposal of the appeal.
5. The appellant was terminated from service on 02.06.2020.
5.1. It has been nearly one and a half years since the appellant, according
to him, has been without a job.
5.2. As to whether or not the appellant's service was rightly terminated or
not, is an aspect that the DST will adjudicate upon, in the appeal.
5.3. However, we find that there is merit in Mr Jha's contention that the
appeal should be adjudicated upon, within a given timeframe.
5.4. We may also record Mr Tripathi's stand in the matter, which is that,
the appellant's termination was brought about, without prior approval of the
Directorate of Education (DOE). This is an aspect, which the DST will bear
in mind, albeit, without prejudice to the rights and contentions of respondent
no.1/School.
6. Accordingly, with the consent of the counsel for the parties, the
appeal is disposed of, with the following directions:
6.1. The DST will hear and adjudicate upon the subject appeal, within
Signature Not Verified
Signed By:VIPIN KUMAR RAI
Signing Date:24.12.2021
16:29:33
eight weeks from the date, when the matter is placed before the Tribunal.
6.2. In order to hasten the process, counsel for the parties will appear
before the DST, on 03.01.2022.
6.3. We are informed that the date of hearing already fixed before the
DST, is 21.01.2022. The DST will advance the date of hearing, as indicated
by us, hereinabove.
7. The Registry will ensure that a copy of the order passed today, is
dispatched to the DST.
7.1. Mr Jha will also ensure that a copy of the order is served on the DST.
7.2. The parties will place a digitally signed copy of this order, before the
DST.
8. We make it clear that since we have not heard the parties on the
question of law raised in the appeal ; in particular, the circumstances in
which an order of termination can be stayed, under the provisions of Section
11(6) of the Delhi School Education Act, 1973, the same is kept open.
9. Consequently, pending applications shall also stand closed.
RAJIV SHAKDHER, J
TALWANT SINGH, J
DECEMBER 21, 2021
Rb Click here to check corrigendum, if any
Signature Not Verified
Signed By:VIPIN KUMAR RAI
Signing Date:24.12.2021
16:29:33
