Augustine M J v. Hamdard Public School And ORS

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2143/2017 AUGUSTINE M J ..... Petitioner Through:

Mr. Aldanish Rein, Advocate versus HAMDARD PUBLIC SCHOOL AND ORS ..... Respondents Through:

Mr. Ajay Pal Singh Kullar, Mr.

Vikalp Mudgal, Mr. K.V. Sriwas Narayanan and Mr. Vignesh Raj, Advs. for R-1 & R-2 Mr. Hitanshu Mishra, Advocate for Mr. Yeeshu Jain, ASC for R-3

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 15.05.2024 (The proceeding has been conducted through Hybrid Mode) 1.

This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:- "1. Issue a writ, order or direction in the nature of mandamus for setting aside the office memorandum of suspension dated 02/12/2016 and office memorandum of charges dated 10/12/2016 issued to the petitioner and thereby directing the respondent no 1 and 2 to reinstate the petitioner with all consequential benefits." 2.

The petitioner by virtue of the present writ petition seeks a direction for setting aside the office memorandum of suspension dated 02.12.2016 and office memorandum of charges dated 10.12.2016 primarily on the ground that the same were issued in contravention to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 12:12:01

Section 8(4) of the Delhi School Education Act, 1973. 3.

The said issue raised in the present writ petition is no more res integra in view of the law enunciated by learned Coordinate Bench of this Court in S.S. Tyagi vs. Ravindra Public School and Anr. reported in 2020 SCC OnLine Del 2084.

4.

Learned counsel for the respondent very fairly submits that as of now, the law laid down by this Court in S.S. Tyagi (supra) holds the field.

5.

In view of the above, applying the ratio of S.S. Tyagi (supra), the writ petition is allowed.

6.

The office memorandum of suspension dated 02.12.2016 and office memorandum of charges dated 10.12.2016 are quashed and set aside. However, the respondents shall be at liberty to take appropriate steps in accordance with law in respect of the original cause of action on which the impugned memorandum of suspension and memorandum of charge were issued.

7.

Needless to say that the petitioner would be entitled to all consequential benefits as directed in the judgment of S.S. Tyagi (supra). The same be released to the petitioner within six weeks from today.

8.

As a consequence of the aforesaid, the petitioner will be permitted to rejoin the services of the respondent. 9.

The petition is disposed of with no order as to costs. TUSHAR RAO GEDELA, J MAY 15, 2024/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 12:12:01