B S VERMA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, an order dated 29th February, 1984/1st March, 1984 passed by the Director of Education, Delhi Administration Delhi, respondent No.2 which purports to place the petitioner, Mr. B.S. Verma under suspension with immediate effect and non-payment of any salary or allowance to the petitioner from May, 1983 has been challenged being illegal, without authority and without Jurisdiction.

(2.) As per the averments made in this writ petition Shri B.S. Verma, the petitioner was initially appointed as a Principal of the Shahid Udham Singh Samarak Uchattar Madhayarnik Vidiayals. Shashtri Nagar, Delhi (hereinafter referred to as the School) on his accepting appointment to that post offered to him vide orders dated 13th May, 1978. At that stage the School was upto Secondary standard and the post held by the petitioner was designated as Vice Principal on the directions of the Delhi Administration to do so. The said School is a recognised private School which is receiving aid in the foom of maintenance grant from the Delhi Administrtion and is an aided School as defined in Section 2 (d) of the Act. The school is run by a registered society known as "Shahid Udham Singh Samarak Shiksha Samiti, Shastri Nagar, Delhi, herein referred to as the Society.

(3.) In the year 1982, differences arose between the two groups of the members of the Society in order to exercise powers in respect of the affairs of the Society, including management and running of the school. Both the groups resorted to litigation by filling civil suits against each other. A show cause notice dated 16th December, 1983 undersection 20 of the Delhi School Education Act was issued by the Administrator of the Union Territory of Delhi proposing to take over the management of the School in exercise of the powers conferred by sub section (1) of Section 20 of the Delhi School Education Act, 1973. After perusing the reply to the show cause notice, the Administrator of Union Territory of Delhi vide its order dated 28th April, 1984 ordered to take over the management of the said school for a period of three years with effect from 25th April, 1984 and directed under sub-Section (3) of Section 20 of the Act that the said School shall be managed through Director of Education and Shri S.N. Gupta, Officer, District North authorised by the Director of Education, Delhi Administration. However, before passing of this order of taking over the management of the school with effect from 25th April, 1984, the Director of Education vide his order dated 29th February, 1984/1st March, 1984 placed the petitioner Shri B.S. Verma, Vice Principal of the School under suspension with effect from that date. This order has been challenged in this writ petition.