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2007 DIGILAW 1286 (PAT)

Suresh Chandra Mishra v. Union Of India

2007-08-06

KISHORE K.MANDAL, NARAYAN ROY

body2007
Judgment 1. Heard counsel for the petitioners. 2. This writ application is directed against the order dated 15.11.2006 passed by Patna Bench of Central Administrative Tribunal (hereinafter referred to as Tribunal) in O.A. No. 223 of 2004 whereby and whereunder the O.A. aforesaid was dismissed. 3. The writ petitioner who was Vice Principal of Kendriya Vidayalaya Sangathan (hereinafter referred to as KVS). Upper Shillong was found guilty of moral turpitude involving sexual offence of exhibition of immoral sexual behaviour towards girl students. Accordingly, he was terminated from services. The order of termination was challenged before the Tribunal which ultimately was dismissed by the order impugned giving rise to this writ application. 4. It appears from the materials on record that an enquiry committee was constituted on the basis of the allegations made against him by girl students of the school to the effect that the writ petitioner wanted to establish sexual relationship with the girl students by exhibition of immoral sexual behaviour. The committee inquired into the matter and found the charges levelled against him proved on the basis of statements of Sangita Nath and other girl students and accordingly, he was terminated from services. 5. The Tribunal, on the basis of the pleadings of the parties and in view of Art. 81(b) of the Education Code of KVS, held that the enquiry conducted against the writ petitioner was valid and particularly in view of judgment of the Apex Court in the case of Avinash Nagra V/s. Navodaya Vidyalaya Samiti, 1997 2 SC 534, refused to interfere in the matter. Art. 81(b) of the Education Code of KVS reads as follows : "Where ever the Commissioner is satisfied after such a summary inquiry as he deems proper and practicable in the circumstances of the case that the member of the Kendriya Vidyalaya is prima facie guilty of moral turpitude involving sexual offence or exhibition of immoral sexual behaviour towards any student, he can terminate the services of that employee by giving him one months or three months pay and allowances accordingly as the guilty employee is temporary or permanent in the services of the Sangathan. In such cases procedure prescribed for holding inquiry for imposing major penalty in accordance with CCS (CCA) Rules, 1965, as applicable to the employees of the Kendriya Vidyalaya Sangathan shall be dispensed with provided that the Commissioner is of opinion that it is not expedient to hold regular inquiry on account of serious embarrassment to the student or his guardians or such other practical difficulties. The Commissioner shall record in writing the reasons under which it is not reasonably practicable to hold such inquiry and he shall keep the Chairman of the Sangathan informed of the circumstances leading to such terminating of services." 6. The Apex Court, in the case of Avinas Nagra (supra), held that in the cases pertaining to moral turpitude dispensation of regular inquiry cannot be said to be contrary to the provisions of service rules and non observance of the same therefore will not vitiate the proceeding on the grounds of violation of principles of natural justice. 7. The findings recorded by the Tribunal, in this view of the matter, cannot be said to be otherwise bad either on facts or in law as the Committee of the school had held the writ petitioner prima facie guilty of moral turpitude involving immoral sexual behaviour towards the girl students. 8. A bench of this Court in the case of Sunil Kumar Mishra V/s. Union of India and Ors., C.W.J.C. No. 11422 of 2005 faced with similar situation, held that the enquiry held cannot be said to be contrary to the provisions of service rules and non observance of the same would not vitiate the proceeding on the ground of violation of principles of natural justice. 9. Learned counsel for the petitioner, however, contended that full dressed enquiry since was not held, the order of termination passed against the writ petitioner would not be sustainable. 10. In view of Art. 81(b) of the Education Code of KVS, a full dressed enquiry is not permissible on account of serious embarrassment to the girl students or their guardians and further in view of the judgment of the Apex Court in the case of Avinash Nagra (supra), the exercise undertaken by the authorities to inquire into the matter, cannot be said to be contrary to the provisions of the Service Rules. 11. 11. For the reasons aforementioned and in view of the legal propositions aforesaid, we do not find any merit in this application. 12. This application is accordingly dismissed.