The Delhi High Court has settled a legal conflict over the interpretation of Section 8(4) of the Delhi School Education Act, 1973, holding that a school employee's suspension automatically lapses if the Director of Education does not approve it within 15 days. The Full Bench clarified that a delayed approval cannot revive a suspension that has already ceased to exist.
Background of the Case
The issue came before a Full Bench after a Single Judge noticed conflicting decisions by two Division Benches in Sharda Devi Sanskrit Vidyapeeth v. Director of Education and Delhi Public School Dwarka v. Sarika Prasad. The dispute centered on the second proviso to Section 8(4) of the Delhi School Education Act, which regulates suspension of employees by recognised private schools.
The key question was whether approval granted by the Director of Education after the expiry of 15 days could validate or revive a suspension initially imposed without prior approval under the Act.
Court's Observations
The Full Bench disagreed with the view taken in Sharda Devi Sanskrit Vidyapeeth, which had held that a suspension could stand revived once approval was granted, even after the statutory 15-day period.
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Rejecting that interpretation, the Bench observed,
"It is not possible to breathe life into a dead body."
The Court said the language of the statute is clear: if approval is not received within 15 days, the suspension automatically comes to an end. Any approval granted thereafter has no legal effect because there is no subsisting suspension left to approve.
The judges further noted that if an employee is not permitted to resume duties after the suspension lapses, the employer cannot rely on its own failure to continue treating the employee as suspended. Such an approach would run contrary to the statutory scheme.
Referring to the earlier Full Bench decision in Delhi Public School and the Supreme Court's ruling in Mrs. Y. Theclamma v. Union of India, the Court reiterated that although the suspension lapses after 15 days, the management is not left without a remedy. If circumstances still warrant suspension, it may seek the required approval and issue a fresh suspension order in accordance with law.
Decision
Answering the reference, the Full Bench held that a suspension imposed under the first proviso to Section 8(4) automatically ceases after 15 days if the Director of Education does not grant approval within that period. A later approval cannot revive the expired suspension. The Court expressed agreement with the principle laid down in Sarika Prasad and respectfully disagreed with the contrary view in Sharda Devi Sanskrit Vidyapeeth. The matter was then directed to be listed before the appropriate Bench for further proceedings on July 31, 2026.
Case Details:
Case Title: Hema Bajaj v. Rao Mehar Chand Saraswati Vidya Mandir School and Others
Case Number: W.P.(C) 12327/2021
Judge: Justice C. Hari Shankar, Justice Om Prakash Shukla and Justice Renu Bhatnagar (Full Bench)
Decision Date: July 3, 2026
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