- (1.) A 'Guru' not only creates knowledge, learning and wisdom but he has also the obligation to build the character of his disciples and to attend to their moral and social growth. The role of a teacher is akin to that of a 'Guru' or 'Acharya'. He has to set an example of exemplary conduct and in view of the peculiar position he holds in the society, a teacher is placed on a pedestal just below the parents, if not on the same pedestal. It is, therefore, the duty of the teacher to take such care of his pupils as a careful parent would take of his children. Quite aseptically, we have before us in this petition a teacher whose services as a Trained Graduate Teacher in the Kendriya Vidyalaya Sangathan have been as he was found guilty of moral turpitude involving exhibit it of sexual behaviour towards the girl students of the School.
(2.) A complaint was made by three girl students of Class VIII of Kendriya Vidyalaya, NTPC, Shaktinagar to the Principal mentioning therein that on 6th May, 2000 after the classes were over, they were asked by the petitioner to stay back on the pretext that they had to write in their diary and while they began to record their impressions, he conducted himself in a most undesirable manner by not only catching their hands and patting them on their back but also held them tight and kissed them one by one and released them only when they slapped him. On receipt of the aforesaid complaint from the three girls, the Principal issued a memorandum dated 10th May, 2000 to the petitioner enclosing the copies of the complaints and he was asked to explain why disciplinary proceedings may not be initiated against him. The petitioner filed a reply dated 29th May, 2000 in which he admitted that he had asked some of the students to remain in the class after the school hours. In the said reply, he also not only mentioned that after the said incident he was ashamed of himself as he was not supposed to mishandle the students but he also mentioned that even though the complaints made against him were false and concocted, he was tendering unconditional apology for the alleged actions with the undertaking not to repeat such actions in future. The Education Officer, Kendriya Vidyalaya Sangathan, Patna Region was asked to conduct a preliminary inquiry against the petitioner. The Inquiry Officer interrogated the girls, their parents, teachers, Principal, Vice-Principal, girls of different classes and the petitioner and obtained their statements. In the statement made by the petitioner before the Inquiry Officer, he admitted that he had caught the girls and kissed them and the girls slapped him also for his misbehaviour. The Preliminary inquiry report submitted by the Education Officer after recording the aforesaid facts concludes : After evaluation and analysis of written statements as well as oral statements of different persons it is revealed that on 6.5.2000 at the end of last period Mr. A.K. Yadav detained about five girls of Class VII 'E' in the class room. He asked them to write about him in his diary. While Kum. Pushpa was writing he caught her tightly and kissed her. She protested and slapped him. Then Mr. Yadav held Kum. Sangita touched and moved his hand on her cheek, back and hips and tried to kiss her. She too protested and scolded him. When the girls were about to go, Mr. Yadav suddenly caught Kum. Sweta from behind so tightly that she cried and slapped him. The statements of Kum. Savita Rao and Anju present in the class room during the incident also reveals the truth about the incident (Appendix E-l to E-5). He then stood in front of the door and requested them not to tell this incident to any body but the girls immediately reported the incident to the Principal. It is also revealed that Mr. Yadav has loose habit and exhibited immoral behaviour with girl students in the past like holding upper arms, touching and moving hands on back, hips and cheeks, holding waist, touching private parts etc. which was narrated by the higher class students of the Vidyalaya and stated by the Principal and Vice-Principal in the statements (Appendix B & C). After evaluation of the written documents/statements and evidences collected from different sources during investigation, the undersigned reached the conclusion that the allegation against Mr. A.K. Yadav, TGT (SSt), Kendriya Vidyalaya, NTPC, Shaktinagar of his immoral behaviour towards girl students appear to be true and as such prima facie case is well established. Hence suitable disciplinary action may be taken against Sh. A.K. Yadav, TGT (SSt.), Kendriya Vidyalaya, NTPC, Shaktinagar as per KVS Rules."
(3.) AN order dated 16th October, 2000 was then passed by the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi and the same is as follows: "Whereas Shri A.K. Yadav, TGT (S.St.), K.V., NTPC, Shaktinagar has been found guilty of moral turpitude involving sexual behaviour towards girl students of K.V., NTPC, Shaktinagar. 2. Whereas, the undersigned is satisfied from the inquiry conducted by Sh. C. Neelap, Education Officer, K.V.S., Regional Officer, Patna that Shri Yadav is prima facie guilty of moral turpitude involving exhibition of immoral sexual behaviour towards the girl students. 3. And whereas, I am further satisfied that the procedure of CCS (CCA) Rules, 1965 to hold regular inquiry for major penalty will not be fair to the students as it will cause serious embarrassment to the girl students, their parents and would also vitiate the atmosphere of the school and hence regular inquiry under CCS (CCA) Rules, 1965 is dispensed with in the present case. 4. Now, therefore, I, H.M. Cairae, Commissioner, Kendriya Vidyalaya Sangathan, in exercise of the powers under Article 81 (b) of the Education Code for Kendriya Vidyalayas, hereby terminate the services of Sh. A.K. Yadav, TGT, (S.St.), K.V., NTPC, Shaktinagar, with immediate effect. Shri A.K. Yadav will be paid pay and allowances as admissible under the Rules, in lieu of notice period." ;