Aparna Trehan v. Padam Shree Gyan Chand Jain And ORS
$~127 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 382/2025 APARNA TREHAN .....Petitioner Through:
Mr. Nikhilesh Kumar, Adv.
versus PADAM SHREE GYAN CHAND JAIN AND ORS .....Respondents Through:
Mr. Kamal Gupta, Mrs. Tripti Gupta, Mr. Sparsh Aggarwal, Ms. Yosha Dutt, Advs. for R-1 & 2.
Mr. Gaurav Dhingra, Adv. for DOE.
Mr. Satish Kumar, Asst. to DEO/P.O., Zone-IX, (DOE).
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 17.03.2025 CM APPL. 15270/2025 (Exemption) 1.
Exemption is allowed, subject to all just exceptions. 2.
Application is disposed of.
CONT.CAS(C) 382/2025 1.
This petition has been filed alleging disobedience by the respondents of order dated 13th February 2025 in W.P. No.7867/2024. 2.
By the said order, based on a statement made by counsel for school/respondent, the Writ Petition was disposed of, binding the school to the undertaking to withdraw the impugned suspension order and grant full The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
salary and benefits to the petitioner for the entire period of suspension. 3.
The same has undoubtedly been complied with, however, the Court in paragraph 10 of the said order dated 13th February 2025 stated that - "As far as further proceedings emanating from the chargesheet are concerned, the same may therefore proceed, in accordance with law. All rights and contentions of the parties in this regard are reserved." 4.
In view of the same, termination order dated 17th February 2025 has been passed, stating that the Disciplinary Committee ('DC') met to discuss the final order to be passed in the case of disciplinary proceedings conducted against petitioner pursuant to the charge-sheet vide Memorandum dated 24th May 2024.
5.
It is noted in the said order dated 17th February 2025 that the I.O. held inquiry proceedings and opportunities were granted to the petitioner. A report was submitted on 13th January 2025 which was considered by the DC. Having considered the same, in exercise of powers under Rule 117(b)(iii) of Delhi School Education Rules, 1973, penalty of "Removal from service, which shall not be a disqualification for further employment in any other recognized private school" is imposed.
6.
In the opinion of this Court, there is no contempt made, since there is no disobedience of the said order dated 13th February 2025. The Court on 13th February 2025 has categorically stated that the proceedings, pursuant to charge-sheet, shall proceed in accordance with law and rights and contentions of the parties in this regard are reserved. 7.
It will be up to the petitioner to choose to seek remedies in accordance with law, if so advised.
8.
Counsel for petitioner states that she has not been allowed to join duty The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
after revoking the suspension. However, it is stated by counsel for school that they have already sent E-mails dated 6th March 2025 and 10th March 2025 to the petitioner for collection of the cheque for the salary of the suspension period. It is up to the petitioner to collect the full salary for the period of the suspension in compliance with the orders passed by this Court. 9.
The contempt petition is, therefore, disposed of. 10.
It is made clear that the Court has not expressed any opinion on the merits of the matter.
11.
Order be uploaded on the website of this Court. ANISH DAYAL, J MARCH 17, 2025/ak/na Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.