Delhi High Court
10 April 2023
Cost of Rs. 20,000 imposed upon a private school on
account of passing an illegal suspension order
Vide Order dated 27.05.2019, Mrs.
Umesh Guaba was illegally suspended from service by Modern Child Public Sr.
Sec. School. Being aggrieved by the suspension Order dated 27.05.2019, Mrs.
Umesh Guaba challenged the same before the Hon’ble Delhi High Court.
Hon’ble Delhi High Court vide Order dated 10.04.2023, allowed the writ
petition. The directive paragraphs of the Order dated 10.04.2023 are reproduced
below for ready reference: -
“2. Indisputably, the impugned suspension order was passed on
27.05.2019 and on the same date, an order was also passed terminating the
services of the Petitioner. Parties are ad idem that Petitioner challenged the
termination order before the Delhi School Tribunal and the same has been set
aside. In the meantime, Petitioner has retired on superannuation on 31.05.2021.
3. Considering the fact that the termination order was passed on the same
date as the suspension order, question of grant of any allowances for the
suspension period does not arise. However, since the suspension order was
passed without the approval of the Directorate of Education, as mandated under
Section 8(4) of the Delhi School Education Act, 1973, no doubt, the same is
illegal and deserves to be quashed, as a matter of record. In this view, no
further orders are required to be passed in the present writ petition.
4. Mr. Anuj Aggarwal, learned counsel appearing on behalf of Petitioner,
however, prays that some costs may be awarded in favour of the Petitioner as he
has been unnecessarily compelled to file the writ petition on account of an
illegal suspension order. The Court finds merit in this contention. Judgments
have been repeatedly passed by this Court that a suspension order requires
prior approval of the Directorate of Education under Section 8(4) of the
aforementioned Act and in fact, the provision itself is explicitly clear on
this mandate. Despite this, the impugned suspension order was passed by the
School, compelling the Petitioner to approach this Court.
5. Writ petition is, therefore, allowed and disposed of to the extent of
quashing the impugned suspension order dated 27.05.2019 with costs of Rs.
20,000/- to be paid by the School/Respondent No. 1 to the Petitioner, within
six weeks from today. Pending application also stands disposed of.”
https://advocateanujaggarwal.com/home.php
[Umesh Gauba Vs. Modern Child Public Sr. Sec. School (Recognized) and Ors.,
W.P. (C) 7820/2019, Decided On: 10.04.2023, 2023/DHC /002892, Delhi High Court]
Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – anujaggarwal1984@gmail.com
