Suspension from service of teacher by a private school, without prior approval from DOE, is illegal – Delhi High Court

Delhi High Court

18 September 2024

 

Suspension from service of teacher by a private school, without prior approval from DOE, is illegal – Delhi High Court

 

Delhi High Court on 18.09.2024 in ‘Umesh Guaba Vs. Modern Child Public Sr. Sec. School (Recognized) & Anr.’, WP (C) No. 4637/2019, held that suspension from service of a teacher by a private school, without obtaining prior approval from the Director of Education, Govt. of NCT of Delhi, is illegal and the teacher is, therefore, entitled to receive full salary for the period of suspension. Directive paragraphs of the Order dated 18.09.2024 are reproduced below for ready reference: -

 

“17. It is pertinent to note that the judgment of the learned Single Judge in Ruchi Malhotra (supra) has been upheld by the Division Bench in Guru Nanak Public School and Another v. Ruchi Malhotra and Another, 2024 SCC OnLine Del 383. In the present case, as noted above, there was neither any prior approval nor the DoE approved the proposal of the School to suspend the Petitioner within 15 days from 05.02.2019 i.e. the date of judgment of this Court in S.S. Tyagi (supra), the suspension order has lapsed on 19.02.2019. Petitioner has superannuated in the meantime on 31.05.2021 and would thus be entitled to all consequential benefits of full salary and allowances from 20.02.2019 in accordance with law. The amounts due to the Petitioner will be calculated by the School and shall be released to her within two months of the date of receipt of this order after adjusting amounts, if any, paid to her towards subsistence allowance.

 

18. Writ petition is allowed to the aforesaid extent and disposed of.”

 

 

[Umesh Guaba Vs. Modern Child Public Sr. Sec. School (Recognized) & Anr., Delhi High Court, WP (C) No. 4637/2019, decided on – 18.09.2024]

 

https://advocateanujaggarwal.com/home.php

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024100517281395082024%20Del%20Single%20-%20UMESH%20GAUBA.pdf

 

 

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