HIMANSHU PANDE Vs. GOVT OF N C T OF DELHI
HIGH COURT OF DELHI
GOVT. OF N.C.T. OF DELHI
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REKHA SHARMA, J. -
(1.) The petitioner preferred this writ petition in the year 2004 apprehending his removal from service. While the writ petition was pending, on 20.1.2005, he was suspended w.e.f. 1.2.2005 and disciplinary proceedings were initiated against him. This court by an order dated 11.4.2005 stayed the disciplinary proceedings and also directed payment of arrears of salary as also the future salary to the petitioner.
(2.) It is submitted by learned counsel for the respondent that taking advantage of the order passed by this Court on 11th April, 2005, the petitioner has not been reporting for duty yet was receiving the salary from the respondent in terms of the said order. This fact is disputed by learned counsel for the petitioner. Be that as it may, it is not disputed by learned counsel for the petitioner that the order of suspension passed against the petitioner is assailable before the Delhi School Tribunal in terms of Section 8(3) read with Section 11 of the Delhi School Education Act, 1973 and in the light of the judgment passed by this Court in Kathuria Public School and Ors. vs. Director of Education and another reported in 2005 VI Apex Decisions (Delhi) 893.
(3.) In the above view of the matter, the writ petition is disposed of with the direction to the petitioner to prefer an appeal to the Delhi School Tribunal within one month from today and on the appeal so filed the Tribunal shall render its decision within six months. The question of allowances payable to the petitioner shall be determined by the Tribunal within one month of the filing of the appeal without being influenced by the order dated 11th April, 2004 The question of limitation in preferring the appeal to the Delhi School Tribunal shall not come in the way of the petitioner. However, if the petitioner does not file the appeal within one month, this concession will not be available. The writ petition stands disposed of. Dasti.;
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