Facts
The applicant, Kamalpreet Kaur, was appointed as a TGT (Punjabi) under the Scheduled Caste (SC) category on September 16, 2022, following a recruitment process conducted by the Delhi Subordinate Services Selection Board (DSSSB)
Source reference: p. 4, 5During document verification, the respondents alleged discrepancies in her SC certificate, noting it was issued based on her paternal cousin’s certificate
Source reference: p. 4on May 24, 2024, the Director of Education terminated her services by invoking Rule 5(1) of the CCS (Temporary Service) Rules
Source reference: p. 3, 5Subsequently, on January 28, 2025, the respondents debarred the applicant from all DSSSB examinations until 2055
Source reference: p. 4The applicant challenged the termination in O.A. No. 2405/2024 and the debarment in O.A. No. 2452/2025, primarily on the grounds of lack of jurisdiction of the terminating authority
Source reference: p. 5, 6Issues
1. Whether the termination order dated May 24, 2024, was passed by the competent appointing authority as required under the law
Source reference: p. 52. Whether the debarment order dated January 28, 2025, is legally sustainable given its dependence on the outcome of the termination challenge and adherence to natural justice
Source reference: p. 8Law Applied
Rule 5(1) of the CCS (Temporary Service) Rules, 1965, which governs the termination of temporary employees
Source reference: p. 3, 7CCS (CCA) Rules, 1965, and the Schedule to Central Civil Services Rules, which establish that the Chief Secretary is the appointing authority for Group ‘B’ (Non-Gazetted) posts under the Delhi Administration
Source reference: p. 7Legal precedent set by the Delhi High Court in Govt. of NCT of Delhi Ors. v. Udal Singh (W.P.(C) No. 15643/2024) and the Tribunal’s decision in Mool Chand Gupta v. Govt. of NCT of Delhi Ors. (O.A. No. 3397/2015), which affirmed that only the Chief Secretary holds disciplinary authority for such posts
Source reference: p. 6, 7Reasoning
The Tribunal observed that the post of TGT (Punjabi) is classified as a Group ‘B’ (Non-Gazetted) post within the Government of NCT of Delhi
Source reference: p. 6Under the statutory framework of the CCS (CCA) Rules and the Schedule to the Central Civil Services Rules, the Chief Secretary of Delhi is the designated appointing and disciplinary authority for these positions
Source reference: p. 7the impugned termination order was issued by the Director of Education, an officer subordinate to the Chief Secretary
Source reference: p. 5Applying the principle established in Udal Singh, the Tribunal reasoned that since the order was not passed by the competent authority (the Chief Secretary), it was legally void
Source reference: p. 7, 8Regarding the debarment order, the Tribunal found it was issued without following the principles of natural justice and was explicitly contingent upon the outcome of the termination proceedings
Source reference: p. 8Holding
The Tribunal allowed both OAs. It quashed the termination order dated May 24, 2024, holding it was passed by an incompetent authority
The Tribunal directed the respondents to reinstate the applicant with full consequential benefits, including continuity of service and arrears of pay, within four weeks
Source reference: p. 8The debarment order dated January 28, 2025, was also set aside for violation of natural justice
Source reference: p. 8the Tribunal granted the respondents liberty to initiate fresh departmental proceedings or actions in accordance with the law
Source reference: p. 8No order was made as to costs
Source reference: p. 9Original Court PDF
Ms Kamalpreet KaurvsGNCTD
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