TARA CHAND KHATRI Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) THIS appeal by special leave is directed against the judgment and order dated 28/03/1972 of the High Court of Delhi dismissing in limine the writ petition filed by the appellant herein.

(2.) THE facts essential for the purpose of this appeal are: THE appellant was appointed as an Assistant Teacher on temporary basis in the pay scale of Rs. 68-170, which was subsequently revised to Rupees 118-225, in the Primary School, Northern Railway Colony II run by the Education Department of the Municipal Corporation of Delhi, with effect from 1/10/1958. He was confirmed on the said post on 30/09/1959. On 28/08/1964, he was transferred to the Senior Basic Middle School of the Corporation in Panna Mamurpur, Narela II. In September, 1967, he was assigned the work of teaching certain subjects to both the sections of Class V. In Section A of Class V. there was at that time a student named Surinder Kumar, son of Dhan Raj. On 6/09/1967, Dhan Raj made a written complaint to the Education Officer of the Corporation, a copy of which he endorsed to the Head Master of the School, alleging therein that the appellant had sensually misbehaved with his son. Surinder Kumar in the School premises during the recess time on 2nd and 4/09/1967 the Education Officer suspended the appellant. On 15/04/1968, the Assistant Education Officer, Rural North Zone, was directed by his superior to prepare a charge-sheet against the appellant whereupon a charge-sheet was drawn up and served on the latter on 16/11/1968. THEreafter, the Director of Inquiries, who was deputed to enquire into the matter proceeded to hold the enquiry and on consideration of the evidence adduced before him, he submitted a report on 20/05/1969, holding that the charge levelled against the appellant had been established. On receipt of the report and perusal thereof, the Deputy Commissioner, Education of the Corporation passed the following order on 20/05/1969:

(3.) UNDER Section 92 (1) (b) of the Act, as in force at the relevant time, the power of appointing municipal officers and other municipal employees whether temporary or permanent, to posts carrying a minimum monthly salary (exclusive of allowances) of less than three hundred and fifty rupees was vested in the Commissioner. Sub-section (1) of Section 95 of the Act provided that every municipal officer or other municipal employee shall be liable... to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulations. The first proviso to this sub-section, however, contained the following rider:-