Tuesday, May 15, 2018

Delhi School Tribunal directs an aided school to comply with DST’s Order or else the Manager of the school will be prosecuted under Section 27 of the DSEA, 1973


Delhi School Tribunal (DST) on 10.05.2018, in Execution Petition No. 37/2017, directed the Commercial Senior Secondary School to comply with DST’s Order dated 05.05.2017, passed in Appeal No. 71/2016, failing which the Manager of the school will be prosecuted under Section 27 of the Delhi School Education Act, 1973.

Commercial Sr. Sec. School, Darya Ganj, Delhi is a Government-Aided-School. The school terminated the service of Mrs. Abha Gupta, PGT (Commerce) in the year 2014 by way of refusal of duties. Being aggrieved, Mrs. Abha Gupta challenged her termination before the Delhi School Tribunal (DST). Vide Order dated 05.05.2017, in Appeal No. 71/2016, the DST decided the Appeal in favour of Mrs. Abha Gupta and directed the school to reinstate her in service will all the consequential benefits. Since the School failed to comply with the directions, Mrs. Gupta was constrained to prefer an Execution Petition before the DST.

DST rejected the contention of the school that they have complied with the order and declared that school has failed to grant annual increments and therefore not complied with the order. DST finally directed the school to comply with Order dated 05.05.2017 failing which the Manager of the school will be prosecuted under Section 27 of the Delhi School Education Act, 1973. It may be noted that Section 27, inter alia, provides punishment for a term up to 3 months imprisonment.