Chandra Rani v. Managing Committee Through Its Chairman, Sardar Patel Sr. Sec. School & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9864/2024 & CM Appl.40470/2024 CHANDRA RANI .....Petitioner Through:

Mr. Raj Vardhan Upadhyay, Adv.

with Petitioner in person.

versus MANAGING COMMITTEE THROUGH ITS CHAIRMAN, SARDAR PATEL SR. SEC. SCHOOL & ANR.

.....Respondents Through:

Ms.

Avnish Ahlawat, Standing Counsel with Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms.

Aliza Alam and Mr.

Mohnish Sehrawat, Advs. for GNCTD.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 02.08.2024 1.

This matter has been received on transfer.

CM Appl.40469/2024[Exemption from filing certified copies] 2.

Allowed, subject to just exceptions.

3.

The Application stands disposed of.

W.P.(C) 9864/2024 & CM Appl.40470/2024[Stay] 4.

Although, the Petitioner has several grievances against Respondent Nos. 1 and 2, for the purposes of this Petition, he is limiting his prayer to a direction to the Respondent No.2/Directorate of Education to decide his representation dated 26.03.2024 within a time bound manner with a speaking order.

5.

Learned Counsel for the Petitioner submits that the Petitioner has been illegally suspended from the Respondent No.1/School. Learned Counsel further submits that this is the second round of litigation and that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Petitioner has been asking for her statutory pay and allowances from Respondent No.1/School and the suspension order has been passed as a counterblast to the same.

6.

Issue Notice. Learned Counsel for Respondent No.2, who appears on advance Notice, accepts Notice.

7.

With the consent of the parties, the matter is taken up for hearing and disposal today. Learned Counsel for the Respondent submits that the Petitioner can approach Respondent No.2 for a resolution of his grievance. 8.

In the aforegoing circumstances, the following directions are passed: 8.1 The Respondent No.2 is directed to treat the communication dated 26.03.2024 as a Representation and decide the same by a speaking order as directed herein.

8.2 The Petitioner and/or his authorised representative will be given an opportunity to be present for a hearing before the Respondent No.2. 8.3 The Petitioner is permitted to produce any additional facts or documents in support of her contentions, at the time of the hearing. 8.4 In the event, if it is deemed necessary, that there is a need for more than one hearing, the Petitioner and Respondent No.2 may mutually schedule such additional hearings amongst themselves as well. 8.5 The Respondent No.2 shall pass a Speaking Order as expeditiously as possible and no later than four months from today. 8.6 The speaking order shall be communicated to the Petitioner under acknowledged postal service and e-mail.

9.

It is made clear that this Court has not expressed any opinion on the merits of the case. All rights and contentions of the parties are left open in this regard.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The Writ Petition and the Application(s) are, accordingly, disposed of with the aforesaid directions.

11.

Needless to add, that in the event the Petitioner is aggrieved with the order passed by the Respondent No. 2, she may take appropriate steps in accordance with the law.

12.

TARA VITASTA GANJU, J AUGUST 2, 2024/r 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.