Judgment Ravi R. Tripathi, J.—Navodaya Vidhyalaya Samiti, through its Commissioner, is before this Court. The Samiti is an autonomous organization under the Ministry of Human Resources Development and Department of Education, Government of India. The Samiti is before this Court being aggrieved by judgment and order dated 12.7.2011 passed by the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad (hereinafter referred to as “the Tribunal”) in Original Application No. 50 of 2010 with MA No. 56 of 2010 and Original Application No. 51 of 2010. The Tribunal is pleased to allow the original applications. The operative part of the judgment and order, in Paras 15, 16 and 17, reads as under: “15. In view of the discussions made hereinabove, we have no hesitation to quash memorandum dated 13.2.2008 conveying her adverse remarks for her ACR for the period ending 30.6.2007; 16. Since the respondents have not examined the mandate of circular dated 31.5.2002 which lays down certain guidelines for grant of Senior Scale on completion of 12 years of service, they are required to consider her case objectively and dispassionately without being influenced by other material and pass appropriate speaking and reasoned order for grant of said relaxation for a certain period and thereafter consider her for financial up-gradation i.e. senior scale on completion of 12 years of service ignoring adverse ACRs. Aforesaid exercise shall be completed as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. 17. Accordingly, OAs are allowed.” 2. Memorandum dated 13.2.2008 is a memorandum by which the teacher was conveyed adverse CRs by the Assistant Commissioner. The memorandum opens as under: “Mrs. Urmila Shaka, Music Teacher of JNV (Jawahar Navodaya Vidyalaya) Panchmahal is hereby informed that the following adverse remarks have been recorded in his/her ACR for the period ending 30.6.2007.” (emphasis supplied) After quoting adverse remarks in various columns, which are mentioned by serial number, the memorandum ends with: “The above mentioned adverse remarks are hereby conveyed to you with instructions that if you want to submit any representation against the adverse remarks for the consideration of the Competent Authority, you may submit through your Principal within 30 days of the receipt of this communication. If no representation is received from you within the stipulated period, it will be presumed that you have nothing to say about it and further necessary action as deemed proper will be taken in this regard at this end.” 3. The facts of the case are set out in the Original Application in Para (VI), titled as “Facts of the Case”, the relevant parts of which read as under: “The applicant herein most humbly begs to state and submit that the following facts, though may at first sight appear to be not germane to the issue involved in the present case, are however, relevant, material and crucial to the determination and adjudication of the issues involved in the present case wherein the case of the applicant herein is that the respondents herein, more particularly Respondent No. 3 herein, having developed an ill-will and grudge against the applicant herein who in rightful discharge of her duties as a teaching staff had taken on the Respondent No. 3 herein by lodging complaint to the Respondent No. 2 herein against his questionable functioning as a Principal of the School, are now all out to take vindictive measures against the applicant herein, as will be evident from the following submissions, and one among them is to deprive and deny to the applicant herein of her rightful claim to the grant of pay upgradation under the ACP (Assured Career Progression) Scheme of 1999 circulated by the Govt. of India. ......” (emphasis supplied) 4. What is important is that Respondent No. 3 came in picture only in the year 2006. Prior thereto, the applicant/ respondent herein had her service career starting from 1995 to 2006. Often it is said that law is a double-edged sword and, when one has to resort to law, he must be careful to resort to the remedy under the law carefully and the pre-requisite condition is that he should approach the Court with clean hands. In the present case, the applicant/respondent herein has a chequered history. She was appointed as a teacher on 01/03.07.1995 and she joined duties on 22.7.1995. Since then, she had a long drawn eventful career. She sought transfer to Karnataka. In the present case, the applicant/respondent herein has a chequered history. She was appointed as a teacher on 01/03.07.1995 and she joined duties on 22.7.1995. Since then, she had a long drawn eventful career. She sought transfer to Karnataka. That request was granted, as her husband was from Karnataka but, as he was serving as a physical education teacher, a necessary pre-condition for posting the applicant and her husband at the same place was that there should be two vacancies, one that of physical education teacher and the other that of music teacher, as the applicant is a music teacher. The request was granted but, as it was not possible to post them in the very same school, they were posted at different schools and, as if that is done deliberately by the authorities, the applicant and her husband had grievances to make. They again sought transfer to Gujarat and they were transferred to Gujarat wherein numerous events took place, including that of misbehaviour with girl students by her husband which ultimately led to his dismissal from service ( that chapter is under litigation) and the petitioner’s issuance of adverse remarks, denial of ACP and issuance of charge-sheet also. What is important is that it is on record that right from the year 2002 so far as the applicant is concerned, whereas so far as her husband is concerned, he is having history right from the year 1994. The applicant established herself as a rebellion and for every single instruction issued to her by higher officer (Principal), she will take hassle with the Principal and she will go on to threaten the Principal for being ready to take consequences of complaint by a subordinate female employee. In such circumstances, if the Principal has acted consciously, the Court finds nothing wrong with that course of action of the Principal. To illustrate this, a copy of communication dated 15.3.2007 is available in SCA No. 17757 of 2011 (at page No. 208), which is addressed to the Deputy Commissioner, Jawahar Navodaya Vidyalaya, Regional Office, Pune, to bring home the atmosphere (terrorized atmosphere) by the applicant. The entire letter is reproduced hereinbelow: “Sir/Madam, In the light of the above matter, I would like to bring your kind notice that Sh. The entire letter is reproduced hereinbelow: “Sir/Madam, In the light of the above matter, I would like to bring your kind notice that Sh. S.S. Shaka (PET) of this Vidyalaya frequently threatens to beat & once he rushed to attack on me (15.11.2006) before the students & chowkidar (Mr. Dipak Joshi) On 15.11.06, I was asking about duty of supervised study of Mrs. U.S. Shaka (Music Tr.) who did not attend supervised study on 15.11.06. All of a sudden. Sh. S.S. Shaka (PET) of this Vidyalaya rushed towards me using vulgar words & tried to attack in the presence of chowkidar & some students. His previous report also states about his misbehaviour & continuing the same in this Vidyalaya also. About his audit recovery from JNV, Kutch also I brought to his notice, again he threatened to beat in case audit recovery is done. Because of this, I forwarded his representation of audit recovery of Rs. around 14,000/- to the R.O., Pune. He uttered the words of beating in my office as well as before Mr. P.J. Solanki (Art. Tr.) On 02.02.2007, during the visit of Assistant Commissioner Shri K.S.N. Bhatt sir, also brought to his notice about threatening. Out Asst. Commissioner sir, counseled him and Vidyalaya was running smoothly. Few days, he was on the right path. Madam, please on your visit to JNV, Akola on 07.03.2007, I talked over telephone about his behaviour and as you were in the meeting, I could not share my views. I am in fear of getting attack by him at any time. Presently, I am 1000 km away from my family and there is no safety of my family and reputation of the Vidyalaya. Madam, I request you to you, please probe into this matter to avoid further consequences....” 5. The applicant is denied ACP which, according to her, was due on 22.7.2007. When it was enquired from the learned advocate appearing for the applicant as to when does the applicant come to know about that she is entitled to get ACP, learned advocate for the applicant submitted that she did not know anything about ACP until she came to learn from one teacher who was given ACP. When it was enquired from the learned advocate appearing for the applicant as to when does the applicant come to know about that she is entitled to get ACP, learned advocate for the applicant submitted that she did not know anything about ACP until she came to learn from one teacher who was given ACP. The very representation of the applicant is fraudulent and this Court is not ready to believe that a teacher will not know about the future promotion/ progress for long 12 years until she completes 12 years in service. The applicant has put forward a case that until she was served with memorandum dated 13.2.2008, she did not know about the status/actual remarks made in her ACRs. This is belied by the simple fact that not only the ACRs for the period ending on 30.6.2007 were communicated to her, but ACRs for the periods ending on 30.6.2003, 30.6.2004 and 30.6.2006 were also given to the applicant and learned advocate Mr. Anshin Desai, appearing for the appellants before this Court, could successfully point out about the same from the documents which are on record of this case. 5.1 Learned advocate for the applicant disputed the same by saying that he is not in receipt of these documents. This petition is of the year 2011 and it is listed before the Court for 39th time when it is taken up for final hearing. This Court restrains itself from making any comment on non-availability of these papers/documents to the learned advocate appearing for the applicant. Otherwise, all these papers are on record of the case as Annexure-I along with compilation of the original application of the Tribunal along with the reply on behalf of the respondents (pages 157 to 205). The last page is part of the communication of ACR for the year ending on 30.6.2005 and it is mentioned in Column No. 31-A, which pertains to fitness of promotion to higher grade, as “Not yet fit”. This is nothing but sufficient intimation to the applicant about she being not entitled to ACP (promotion to higher grade). Despite that, what is contended is that the applicant is denied ACP without there being any basis. What is more disturbing is that mala fides are alleged against Respondent No. 3, Principal. This is nothing but sufficient intimation to the applicant about she being not entitled to ACP (promotion to higher grade). Despite that, what is contended is that the applicant is denied ACP without there being any basis. What is more disturbing is that mala fides are alleged against Respondent No. 3, Principal. Assuming for the sake of argument that the applicant did not have smooth relation as Principal and Teacher, may be on account of difference in the style of working of the two, the remarks which are conveyed to the applicant right from the year 2003 are indicative of the fact that the applicant has always felt proud in assuming the role of a rebellion and has always caused sufficient inconvenience to all higher officers (Principal) while she was in service. In fact this is brought out by learned advocate Mr. Desai by pointing out that right in the year 2002 she was served with a memo for indiscipline and the authorities informed the applicant about her conduct which is required to be improved. Again in the year 2003, she was served with a similar memo for indiscipline and, besides that, her way of working and remarks about the same are found in the ACRs right from 2003 till 2007 on the basis of which the memorandum under challenge, i.e. dated 13.2.2008, was issued. Even thereafter, the applicant has not improved herself and continued to earn similar ACRs even for the subsequent years. But we are not concerned with the same. This is mentioned only with a view to put it on record that the applicant has not improved and has resorted to law proceedings only with a view to see that by making wild allegations of mala fides against Respondent No. 3, and making indirect indication about she being harassed being a female teacher is required to be condemned and accordingly condemned by this Court. 6. Learned advocate Mr. Desai successfully brought to the notice of the Court that there was an inspection on the working of the applicant and her husband by an independent Committee, which is titled as “Vidyalaya Management Committee” consisted of Collector of the district and other similar officers. This Committee in its minutes has recorded that: “....During the meeting it is also discussed that Mr. and Mrs. This Committee in its minutes has recorded that: “....During the meeting it is also discussed that Mr. and Mrs. Urmila Shaka (Music Tr.) of this Vidyalaya, misbehaved with girl students of this Vidyalaya and her husband Mr. S.S. Shaka (PET) of the Vidyalaya is suspended under moral turpitude and he is relieved to report to JNV Latur (M.H.) during suspension period. He did not report to JNV Latur instead he stayed in the campus which is a great threat to the girl students..... Mrs. Urmila Shaka (Music Tr.) called some girl students separately in music room and closed the door as music room and compelled some girl students to give in writing that her husband has not done anything. If not given she threatened the girl students that she would drag them in the court and L.C. (Leaving Certificate) will be issued. “ The Committee went on to record that: “.....Further it is also revealed in the meeting that sexual harassment is done by Sh. S.S. Shaka (PET) with girl child (the daughter of Mrs. Padmaben Mal)., This ridiculous behaviour of a teacher is condemned by VMC members of the Committee.” 6.1 If these are the facts, the judgment of the Hon’ble the Apex Court in the matter of Avinash Nagra vs. Navodaya Vidyalaya Samaiti reported in (1997) 2 SCC 534 will be squarely applicable in the facts of the present case. 6.2 In this case, the Hon’ble the Apex Court went to the extent of saying that, in some cases regular inquiry can be dispensed with and even cross-examination can be denied. 6.2 In this case, the Hon’ble the Apex Court went to the extent of saying that, in some cases regular inquiry can be dispensed with and even cross-examination can be denied. The Head Note of the aforesaid judgment reads as under: “Service Law – Termination of service – Misconduct – Dispensing with regular enquiry and denial of cross-examination – On facts, held, justified- Temporary teacher under probation in co-educational institution governed by CCS (CCA) Rules – Warned of his sexual advances towards a girl student but not correcting himself – Service terminated in terms of letter of appointment by giving notice pay, on the ground of improper conduct – Supreme Court by interim order directing the management to issue show-cause notice, conduct an enquiry and submit a report – Preliminary enquiry consequently conducted, showing that at 10 p.m. he went to the girl’s hostel and procured her prsence by sending a false message to her and when she ran away, he pursued her to her room and on intervention by her roommates rebuked them and went away, taking with him the torch from the room – He admitting his going to the girls’ hostel but giving a false explanation, not acceptable to the enquiry officer - Disciplinary authority examining the report and finding the said teacher not worth of being retained – In such circumstances, the disciplinary authority’s decision taken in exercise of his power under the relevant rules to dispense with a regular enquiry exposing the modesty of the girl, and denial of the opportunity to cross-examine the girl student witnesses and to reaffirm the termination order, held, not violative of principles of natural justice........” (emphasis supplied) 6.3 In fact, in this very judgment, the Hon’ble the Apex Court was pleased to observe in Paras 9, 10 and 11, the role of a teacher and the responsibility of a teacher. This Court is of the opinion that reproduction of these Paras is necessary and hence the same are reproduced as under: “9. On the functions of a teacher, at Page 133, according to Dr. Radhakrishnan, the success of the educational process depends considerably on the teacher, for it is the teacher who has to implant aims, and to build the character of the students. According to Laski, at bottom of the education, the quality of a university is always in direct proportion to the quality of its teacher. Radhakrishnan, the success of the educational process depends considerably on the teacher, for it is the teacher who has to implant aims, and to build the character of the students. According to Laski, at bottom of the education, the quality of a university is always in direct proportion to the quality of its teacher. A good teacher is one who knows his subject, is enthusiastic about it and one who never ceases to learn. Communication with the students and sense of commitment to his work are necessary. A good teacher, therefore, according to Dr. Radhakrishnan, is one was is objective, just, humble and is open to correction. According to Whitehead the teacher must be self-confident learned man. The teacher, therefore, is primary functionary to transmit the intellectual and ethical value to the young. He should encourage the attitude of free enquiry and rational reflections. The teacher should try to remove the leaden weights of pride and prejudice, passion and desire which are likely to cloud a student’s vision. the devoted teacher is not only concerned with the child’s intellectual development but also has the obligation to attend to his moral, emotional and social growth as well. “10. Mahatma Gandhiji, the Father of the Nation has stated that “a teacher cannot be without character. If he lacks it, he will be like salt without its savour. A teacher must touch the hearts of his students. Boys imbibe more from the teacher’s own life than they do from books. If teachers impart all the knowledge in the world to their students but do not inculcate truth ad purity amongst them, they will have betrayed them.” Shri Aurobindo has stated that “it is the teacher’s province to hold aloft the torch, to insist at all times and at all places that this nation of ours was founded on idealism and that whatever may be the prevailing tendencies of the times, our children shall learn to live among the sun-lit peaks.” Dr. S. Radhakrishanan has stated that “we in our country look upon teacher as gurus or, as acharyas. An Acharya is one whose achar or conduct is exemplary. He must be an example of Sadachar or good conduct. He must inspire the pupils who are entrusted to his care with love of virtue and goodness. The ideal of a true teacher is andhakaraniridhata gurur itya bhidhiyate. An Acharya is one whose achar or conduct is exemplary. He must be an example of Sadachar or good conduct. He must inspire the pupils who are entrusted to his care with love of virtue and goodness. The ideal of a true teacher is andhakaraniridhata gurur itya bhidhiyate. Andhakar is not merely intellectual ignorance, but is also spiritual blindness. He who is able to remove that kind of spiritual blindness is called a guru. Are we deserving the noble appellation of an acharya or a guru?” Swami Vivekananda had stated that “the student should live from his very boyhood with one whose character is a blazing fire and should have before him a living example of the highest teaching. In our country, the imparting of knowledge has always been through men of renunciation. The charge of imparting knowledge should again fall upon the shoulder of Tyagis.” “11. It is in this backdrop, therefore, that the Indian society has elevated the teacher as `Guru Brahma, Gurur Vishnu Guru Devo Maheswaraha’. As Brahma, the teacher creates knowledge, learning, wisdom and also creates out of his students, men and women, equipped with ability and knowledge, discipline and intellectualism to enable them to face the challenges of their lives. As Vishnu, the teachers is preserver of learning. As Maheswara, he destroys ignorance. Obviously, therefore, the teacher was placed on the pedestal below the parents. The State has taken care of service conditions of the teacher and he owed dual fundamental duties to himself and to the society. As a member of the noble teaching profession and a citizen of India he should always be willing, self-disciplined, dedicated with integrity to remain ever a learner of knowledge, intelligently to articulate and communicate and imbibe in his students, as social duty, to impart education, to bring them up with discipline, inculcate to abjure violence and to develop scientific temper with a spirit of enquiry and reform constantly to rise to higher levels in any walk of life nurturing Constitutional ideals enshrined in Article 51A so as to make the students responsible citizens of the country. Thus the teacher either individually or collectively as a community of teachers, should regenerate this dedication with a bent of spiritualism in broader perspective of the Constitutionalism with secular ideologies enshrined in the Constitution as an arm of the State to establish egalitarian social order under the rule of law. Thus the teacher either individually or collectively as a community of teachers, should regenerate this dedication with a bent of spiritualism in broader perspective of the Constitutionalism with secular ideologies enshrined in the Constitution as an arm of the State to establish egalitarian social order under the rule of law. Therefore, when the society has given such a pedestal, the conduct, character, ability and disposition of a teacher should be to transform the student into a disciplined citizen, inquisitive to learn, intellectual to pursue in any walk of life with dedication, discipline and devotion with an inquiring mind but not with blind customary beliefs. The education that is imparted by the teacher determines the level of the student for the development, prosperity and welfare of the society. The quality, competence and character of the teacher are, therefore, most significant for the efficiency of the education system as pillar of built democratic institutions and to sustain them in their later years of life as a responsible citizen in different responsibilities. Without a dedicated and disciplined teacher, even the best of education system is bound to fail. It is, therefore, the duty of the teacher to take such care of the pupils as a careful parent would take of its children and the ordinary principle of vicarious liability would apply where negligence is that of a teacher. The age of the pupil and the nature of the activity in which he takes part, are material factors determining the degree and supervision demanded by a teacher.” 7. Learned advocate Mr. Desai invited the attention of the Court to a similar such case and the decision of the Hon’ble the Apex Court therein in the matter of Manager, Nirmala Senior Secondary School, Port Blair vs. N.I. Khan reported in (2003) 12 SCC 84. Learned advocate Mr. Desai invited the attention of the Court to Para 2 and 10 which, in the opinion of this Court, is squarely applicable to the facts of the present case, as under: “2. Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education. Learned advocate Mr. Desai invited the attention of the Court to Para 2 and 10 which, in the opinion of this Court, is squarely applicable to the facts of the present case, as under: “2. Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshippers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are engaged in the common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really important.” 10. The allegations made against respondent-Khan are no doubt of a very serious nature and certainly if proved do not befit a teacher. The clay like mind of young children are shaped into beautiful moulds by teachers. They shape the future course of the students. To a great measure their behaviour, character, reputation, leave imprints in the minds of the young children. If their conduct, behaviour and reputation is full of blemish that would not be for the interest and in the welfare of the students. Respondent-Khan has denied the allegations and has alleged bias. But we do not think it necessary to opine one way or the other. Whatever be the truth, the undisputed fact is that the litigation has continued unabated for young years. It would be neither in the interest of respondent-Khan nor the Institution if respondent- Khan is continued in the Institution. By making this observation, it is not to be construed as if we have found the allegations to be true. On the contrary, the welfare of the Institution, the reputation of respondent-Khan has been considered by us in the proper perspective. If an act or omission of an employee reflects upon his character, reputation, integrity or devotion to duty or is an unbecoming act, certainly the employer can take action against him. On the contrary, the welfare of the Institution, the reputation of respondent-Khan has been considered by us in the proper perspective. If an act or omission of an employee reflects upon his character, reputation, integrity or devotion to duty or is an unbecoming act, certainly the employer can take action against him. In this context, reference may be made to the following observations of Lopes, C.J. in Pearce vs. Foster (1886 (17) QBD 536, p. 542) : “If a servant conducts himself in a way inconsistent with the faithful discharge of his duty in the service, it is misconduct which justifies immediate dismissal. That misconduct, according to my view, need not be misconduct in the carrying on of the service of the business. It is sufficient if it is conduct which is prejudicial or is likely to be prejudicial to the interests or to the reputation of the master, and the master will be justified, not only if he discovers it at the time, but also if he discovers it afterwards, in dismissing that servant.” This view was reiterated by a three-Judge Bench of this Court in Union of India and Ors. vs. K.K. Dhawan ( AIR 1993 SC 1478 ) and Indian Railway Construction Co. Ltd. vs. Ajay Kumar ( 2003 (4) SCC 579 ). 8. Taking into consideration the facts of the case and the material which has come to the notice of the Court, this Court is of the opinion that the Tribunal was misled in getting the order impugned in this petition and, therefore, this Court is of the opinion that the judgment and order of the Tribunal dated 12.7.2011 in OA. No. 50 of 2010 with MA No. 56 of 2010 with OA No. 51 of 2010 is required to be quashed and set aside. The same is accordingly quashed and set aside. Petitions are allowed. The Court, however, restrains itself from imposing any cost on the respondent/applicant before the Tribunal only because the Court is of the opinion that the applicant must have acted on the basis of the legal advice available to her. Rule is made absolute.