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/home.php
Anuj Aggarwal
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