Sunita Mehra v. Ryan Interantionl School & ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 672/2017 SUNITA MEHRA ..... Appellant Through:

Mr. Medhanshu Tripathi, Mr. Harish Sharma & Ms. Garima Tripathi, Advocates

Versus

RYAN INTERANTIONL SCHOOL & ANR. ..... Respondents Through:

Nemo.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA

O R D E R

% 17.10.2017 LPA 672/2017 & C.M. 37343-44-45/2017 The appellant is aggrieved by the order of the Single Judge, granting ad interim stay of the Delhi School Tribunal's order dated 31st July, 2017. The appellant was removed by the respondent-School after an inquiry. The Tribunal rendered a finding about negligence in the inquiry report conclusions and also observed about mala fides on the part of the employer.

It is contended by Mr. Tripathi, Advocate for appellant, that the impugned order has virtually deprived the appellant of any service benefits and that she is out of employment despite having been reinstated. This Court is of the opinion that exercise of discretion in this case

cannot be characterized as unreasonable. In case the appellant so wishes, it is open to her to move to learned Single Judge before the next date of hearing, on the issue of payment of interim wages/ salary or ad hoc amounts. If any such application is moved before the Single Judge, the same shall be decided on merits on the basis of contentions of the parties. The appeal and applications are disposed of with aforesaid observations.

S. RAVINDRA BHAT, J R.K.GAUBA, J OCTOBER 17, 2017 r