High Court of DelhiW.P.(C)/1073/2016

Sandhya Gill v. Govt. Of NCT Of Delhi & ORS

2016-03-01Hon'Ble Mr. Justice V.P.Vaish2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1073/2016 & C.M.No.7737/2016 SANDHYA GILL ..... Petitioner Through:

Mr. Sushant Mukund, Advocate.

versus GOVT. OF NCT OF DELHI & ORS.

..... Respondents Through:

Ms. Vandana Mishra, Advocate for R-1 & R-2.

Mr. Abinesh K. Mishra, Advocate for R-3 to R-5.

CORAM:

HON'BLE MR. JUSTICE V.P.VAISH

O R D E R

% 01.03.2016 By way of present petition under Article 226 of the Constitution of India the petitioner, inter alia, seeks quashing of the departmental inquiry proceedings against the petitioner and direct respondent Nos. 3 to 5 to stop victimizing the petitioner and restore the petitioner to her original position in the middle segment.

Learned counsel for the petitioner submits that the petitioner was appointed in capacity of PGT Teacher with respondent No.3/ Guru Harkishan Public School in 1997. The respondent No.3 has initiated inquiry proceedings against the petitioner due to personal vendetta as the petitioner has refused to accept the illegal pressure tactics of respondents to accept

40% of the total arrears of 6th pay commission. Learned counsel for the petitioner further submits that the inquiry proceeding is being conducted in an illegal manner and without following the principles of natural justice as petitioner is not allowed to bring witnesses or cross examine the management witnesses. Learned counsel for the petitioner further submits that the inquiry officer is biased as he was also the advocate of the Director of the institute. Mr.Santosh Kr. Tripathi , learned counsel for the respondent Nos. 1 & 2 appearing on advance notice submits that the inquiry proceedings has been concluded on 23.02.2016 and the inquiry report has also been prepared. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition as well as application with liberty to challenge the inquiry report.

As prayed, the present petition as well as application are dismissed as withdrawn.

V.P.VAISH, J MARCH 01, 2016 hs