The High Court of Delhi disposed of this writ petition filed by a teacher seeking to quash disciplinary charges, suspension, and an enquiry report order. The court noted counsel's submission on a pending personal hearing fairness and ordered disposal without granting substantive relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~46
MANISHA SHARMA ..... Petitioner Through: Mr. M.K. Bhardwaj and Ms. Shriambhru Kashyap, Advs.
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Sharat Kapoor and Mr. C.B.Tiwari, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 01.08.2016
This petition has been filed by the petitioner seeking the following directions:
(a)To quash and set aside the impugned charge memo dated 08.04.2015 and order dated 13.04.2016 along with Report dated 12.01.2016.
(b)To quash and set aside the suspension order dated 16.06.2014 and reinstate the applicant in service with all consequential benefits including arrears of pay of suspension period.
(c)To declare the action of respondents in initiating disciplinary action against the Petitioner as illegal and declare the appointment of Petitioner to the post of TGT (English) as valid.
(d)To allow the Writ Petition with exemplary cost.
(e)To pass such other and further order which their Lordships of this Hon'ble High Court deem fit and proper may please be passed.”
It is the submission of Mr. M.K. Bhardwaj, learned counsel for the petitioner, the charge framed is not a misconduct in view of the judgment of this Court dated 26th May, 2016. He concedes to the fact that in the month of March, 2016, concerned Deputy Director has issued a notice calling upon the petitioner to make a representation on the enquiry report dated 13rd April, 2016. If that be so, petitioner shall be at liberty to make a representation by taking all pleas as available to her on facts and in law, which shall be considered by the authority before passing a final order.
The plea of Mr. Bhardwaj that a personal hearing be given by the competent authority appears to be reasonable. The authority concerned shall give a personal hearing to the petitioner before passing a final order.
The Petition and the application stand disposed of.
V. KAMESWAR RAO, J
AUGUST 01, 2016 /jg
MANISHA SHARMA
GOVT OF NCT OF DELHI AND ORS
V. KAMESWAR RAO
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
