BIR BAHADUR SINGH RATHOUR Vs. DIRECTOR OF EDUCATION
HIGH COURT OF DELHI
BIR BAHADUR SINGH RATHOUR
DIRECTOR OF EDUCATION
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Mukundakam Sharma, CJ. -
(1.) This appeal is directed against the judgment and order dated 3rd November, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein. The aforesaid writ petition was filed praying for quashing of the order of transfer dated 16th July, 2005 and also for setting aside the order of suspension, memo of charge and the order initiating domestic inquiry.
(2.) In order to properly appreciate the contentions raised by the parties herein, it would be necessary to set out certain background facts leading to filing of the writ petition as also this appeal.
(3.) The appellant herein was appointed as LDC in Mahasaya Chunni Lal Saraswati Bal Mandir by Samarth Shiksha Samiti, Mata Mandir Gali, Jhandewalan, New Delhi, under order dated 9th May, 1992. Since a number of contentions have been raised based on the said order of appointment, we deem it appropriate to extract the relevant portions of the said order, which read as under:
"Samarth Shiksha Samity (Regd) Jhandewalan, New Delhi-55 09 May, 1992 OFFICE MEMORANDUM According to decision dated 1.1.1992 of the Selection Committee, Shri Vir Bahadur Singh is appointed as LDC on Govt. pay scale 950-20-1150-EB-25-1500 + admissible usual allowance payable to Bal Mandirs on the permanent basis in Mahasaya Chunni Lal Saraswati Bal Mandir, Hari Nagar, L-block, on the following terms. His appointment will take place w.e.f. 1st April, 1992 but he will remain posted in Central Office of the Samiti till further orders of the Samiti. 1. xxxxxxxxx 2. xxxxxxxxxx 3. He can be relieved from his services in initial probation period or extended period of probation after giving one month's notice or one month pay. Similarly if he wants to relieve himself from service during the period of probation he will have to give one month prior notice or in the absence of notice he will have to deposit one month pay. After his services are made permanent if the Samiti wants to relieve him of the service, he will be given three months prior notice or deposit three months salary. Similarly if he wants to relieve himself from service he will have to give three months prior notice or will deposit pay equivalent to three months pay. 4.During service period he can be transferred in Samiti or in any Bal Mandir under the Samiti. 5.xxxxxxx 6. During the period of service he will abide by the discipline of the Samiti. 7. He will have to apply for service at any other place or getting higher education after getting the permission in writing from Samiti for initimating the Samiti in writing. 8. While reposing trust in the aims and objects of the Samiti he will participate in all activities organised by the Samiti with devotion. 9. The annual increment which has been mentioned in the aforesaid Grade will neither be automatically granted nor as a matter of right but the same will be given on the obedience of the orders of the senior officers with honesty, punctuality, good behaviour with his colleagues and the rules of conduct (as mentioned in Rule 123 of the Delhi Education Act). 10. xxxxxxxxxxx 11. During the period of service he will have to obey all the rules as mentioned in Chapter-9 of Delhi Education Act. 12. xxxxxxxxxxx 13. xxxxxxxxxxx 14. xxxxxxxxxx 15. In case he failed to comply with the aforesaid conditions and the rules as mentioned in 123 of Delhi Education Act the Samiti will have full right to remove him from service according to law.";
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