Thursday, December 12, 2024

“Though the provisions of the Evidence Act are not strictly applicable in the departmental/domestic enquiries, yet it does not mean that the I.O. will not even follow the basic principles of evidence while holding an enquiry or recording the statements of witnesses in the departmental inquiry” – Delhi School Tribunal

18.11.2024

Delhi School Tribunal

 

Though the provisions of the Evidence Act are not strictly applicable in the departmental/domestic enquiries, yet it does not mean that the I.O. will not even follow the basic principles of evidence while holding an enquiry or recording the statements of witnesses in the departmental inquiry” – Delhi School Tribunal

 

Delhi School Tribunal (DST), while allowing an appeal, held that the departmental enquiry, conducted against a teacher of a private unaided minority school, was not based on any legally admissible evidence and the findings of the enquiry officer were perverse. DST, consequently, declared that the punishment of removal from service, as imposed upon the teacher, was illegal, and directed the school to reinstate the teacher with all consequential benefits.

 

[Ruchi Malhotra Vs. Guru Nanak Public School & Anr., Appeal No. 34/2019, Delhi School Tribunal, decided on 18.11.2024]

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024121217340050472024%20DST%20-%20Ruchi%20Malhotra.pdf

 

https://advocateanujaggarwal.com/home.php

 

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

 

 

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