NDLI: Sunil Sikri Vs. Guru Harkrishan Public School & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1973 Delhi School Education Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Delhi School Education Act, 1973 – ss. 8 & 11 – Whether there is any express power under Sections 8 and 11 to order back wages – Held: Having regard to the words used in Section 11(6) of the Act, it may not be appropriate to describe the provision as conferring express power with the Tribunal to pass an award of back wages – Therefore, the respondent is right in contending that Section 8 read with Section 11 of the Act do not confer an express power with the Tribunal to order back wages.Delhi School Education Act, 1973 – ss. 8 & 11 – Delhi Education Rules, 1973 – rr. 115, 117, 120 & 121 – Is Rule 121 ultra vires to ss. 8 and 11 – Held: The management is given the powers coupled with the duty to hold an inquiry and to pass an order as to whether the employee must be found to be on duty or not and for what period during his absence – The Lawgiver has conferred a power with the management – The use of the words “in its opinion” indicates that the Managing Committee must apply its mind and consider all aspects and take a view – This must, undoubtedly, be done after putting the employee on notice – The employee must be afforded an opportunity – The employee would be in a position to point out that he was not employed elsewhere – He would also be able to establish that he was fully exonerated – The order of the appellate authority in an appeal directing reinstatement may not be final as it can be impugned in the higher forum – Therefore, it may not be appropriate or apposite to find that Rule 121 is in any manner ultra vires Sections 8 and 11 of the Act.Delhi School Education Act, 1973 – ss. 8 & 11 – Delhi Education Rules, 1973 – rr. 115, 117, 120 & 121 – Is there any conflict between Sections 8 and 11 on the one hand and Rule 121 on the other hand – Held: Rule 121 is part of a scheme, which consists of both Sections 8 and 11 of the Act as also Rules 115(4) and 121 – The Rules have been enacted in the same year within eight months – The Administrator, who has authored the Rules under Section 28 of the Act, has produced the Rules, which are found to be in harmony with the Act – There is no inconsistency between Section 8 read with Section 11 on the one hand and Rule 121 on the other. Delhi School Education Act, 1973 – ss. 8 & 11 – Delhi Education Rules, 1973 – rr. 115, 117, 120 & 121 – Whether the tribunal has incidental and ancillary power to direct payment of pay and allowance on setting aside the order of termination – Held: Rule 121(1)(a) contemplates that the Managing Committee must consider and pass an order and provide for salary and allowances to be paid to the reinstated employees – Tribunal is not clothed with specific powers to grant relief of payment of the allowances – Tribunal is also not empowered to deal with the question as to whether the employee must be treated as on duty for the period when the employee remains absent on account of both the absence, whether or not, on account of suspension before the termination and compelled absence after the penalty is imposed – The Full Bench of the High Court in the impugned judgment declared that The Manager Arya Samaj Girls Higher Secondary School & Anr. v. Sunrita Thakur correctly lays down the law regarding rule 121 – No fault with the view taken by the Full Bench of the High Court.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2022 INSC 764
Petitioner	Sunil Sikri
Respondent	Guru Harkrishan Public School & Anr.
SCR	[2022] 11 S.C.R. 505
Judgement Date	2022-07-28
Case Number	8862

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Sunil Sikri Vs. Guru Harkrishan Public School & Anr.

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