LPA--670/2017. Case: MANJEET SINGH Vs. STATE OF NCT OF DELHI & ORS. High Court of Delhi (India)
| Case Number | LPA--670/2017 |
| Citation | NA |
| Judgement Date | December 11, 2018 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on:3rd December, 2018
Pronounced on: 11th December,
+ LPA 670/2017 & CM No. 37318/2017 MANJEET SINGH .....Appellant
Through: Mr. Raj Kamal, Advocate with
Varun Tyagi, Advocates.
versus
STATE OF NCT OF DELHI & ORS ....Respondents
Through: Mr. Naushad Ahmed Khan,
Civil, GNCTD for Respondent No.1. Mr. Jasmeet Singh, Advocate Mr. Saurabh Tiwari, Mr. Kaushal & Mr. Aditya Advocates for Respondent Nos.
6.
CORAM: JUSTICE S. MURALIDHAR
JUSTICE SANJEEV NARULA
J U D G M E N T SANJEEV NARULA, J
1. The present appeal under Clause 10 of the Letters Patent is against the impugned judgment dated 14th February, 2017 whereby learned Single Judge has dismissed the Writ Petition No. 8970/2008.
2. In the impugned judgment, the learned Single Judge has confirmed order passed by Delhi School Tribunal (hereinafter referred to as thereby approving the imposition of penalty on the Appellant of from services by the Respondent No.4.
LPA 670/2017 & CM No. 37318/2017 Page 1 of
Factual Background
3. The Appellant was appointed as Physical Education Teacher (PET) Guru Harkrishan Public School, Tilak Nagar, Delhi (hereinafter referred as „Respondent No.4‟). His appointment was initially on probation later he was confirmed on 3rd April, 2001.
4. On 17th April, 2006, memorandum of chargesheet along with statement of article of charge was issued by Respondent No. 4, that under:-
“STATEMENT OF ARTICLE OF CHARGE
17th April 2006
1. You, Shri Manjeet Singh while working as P.E.T. in the G.H.P.S. Tilak Nagar, New Delhi-110018, stole the staff list duly signed on 14.07.2005 by the teaching staff and a request letter signed by S. Baldev Singh, P.E.T., from his drawer and used the same as a protest against the school management under Baldev Singh's signatures without consent of the staff and S. Baldev Singh, P.E.T. (Staff Secretary) and send these letter unauthorizedly to the Director of Education, Govt. of NCT of Delhi against the Management.
2. You, Shri Manjeet Singh while working as P.E.T. in the G.H.P.S. Tilak Nagar, New Delhi-110018, had called the police on 24th August 2005 in the school premises during the school hours i.e. 1.00 P.M. without getting permission from the school authorities and without the knowledge of the school authorities. It spoiled the school reputation and brought humiliation to the students as well to the staff.
3. You, Shri Manjeet Singh while working as P.E.T. in the
LPA 670/2017 & CM No. 37318/2017 Page 2 of
G.H.P.S. Tilak Nagar, New Delhi-110018, came late at 10.06 A.M. instead of usual time 07.30 A.M. on 26th August 2005 for which you did not give message in the morning to the school authorities and marked your attendance without getting permission or giving reasons to the Vice Principal of the school for your late arrival.
4. You, Shri Manjeet Singh while working as P.E.T. in the G.H.P.S. Tilak Nagar, New Delhi-110018, were called on 26.08.2005 first by the Vice Principal and then also by the Manager to know the reasons of your aforesaid conduct but you straightway refused to appear before both of them.
5. You, Shri Manjeet Singh while working as P.E.T. in the G.H.P.S. Tilak Nagar, New Delhi-110018, did not attend the staff meeting on 30"^ August 2005 scheduled at 1.30 P.M., which was called by the management with the instruction that it is compulsory for all staff member to attend the said meeting. Not only that you had also instigated the other staff members not to attend the said meeting on that day.
6. You, Shri Manjeet Singh while working as P.E.T. in the G.H.P.S. Tilak Nagar, New Delhi-110018, proceeded on leave without getting sanctioned the earned leave for the period 1st September 2005 to 2nd September 2005 by simply submitting your application for grant of E.L. on 1st September 2005 itself with the dealing assistant while you were required to get the earned leave sanctioned in advance. Moreover you have asked for E.L. for the...
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