- (1.) THIS application is directed against the judgment and order dated 3rd april, 2003 of the learned Tribunal whereby and whereunder the learned tribunal has upheld the termination of the applicant's services resorting to rule 81b of the Central Civil Services (Classification, Control and Appeal)Rules, 1965.
(2.) SHORN of all details, the fact is that the applicant Rathin Pal was a music Teacher and while having classes, it is alleged that he committed immoral behaviour towards the minor girls students. There is no charge-sheet. Only on the basis of the complaints lodged by the minor girls students of class-V and also their guardians, respondents authority decided to proceed against him. Since beginning it was thought that summary procedure would be appropriate. Therefore, it appears that on receipt of large number of complaints, the principal constituted a Committee consisting of nine teachers, who submitted the report. The contents of the report are not on records which have been produced before us.
(3.) IN the said inquiry conducted by the Committee of teachers (hereinafter referred to as the first inquiry), Rathin Pal was summoned to explain his position. Obviously he denied the allegations levelled against him and he said that all false complaints had been procured in order to satisfy personal grudge harboured against him by a few number of colleagues. On receipt of the above report, the Principal of Kendriya vidyalaya, Garden Reach and one N. R. Murali, Education Officer, Kendriya vidyalaya, KVS SO, Kolkata, jointly inquired into the matter and before them Rathin Pal was summoned and was asked for explanation about the complaints made against him. He denied all the allegations levelled against him and with emphasis he said that those charges were fabricated and motivated. After considering all these complaints and the representation of sri Pal, this Committee, namely, the Second Committee did not accept the version of Sri Pal and came to the fact finding that Rathin Pal had intentionally mis-behaved with the girl students and then of their own recommended for disposal of the matter under Article 81-B of Kendriya vidyalaya Education Code. Then Assistant Commissioner only forwarded the summary of inquiry into the moral turpitude against Sri R. Pal and the second report. While despatching these documents of summary inquiry and recommending the same to the Commissioner, Assistant Commissioner came to his own findings that the complaints against Rathin Pal are proved beyond doubt. He also recommended that Rathin should be proceeded under article 81 -B of the Education Code. On report of this report the Commissioner has passed the impugned order. It is appropriate to quote the text of the article 81 -B of the said Code : "81 (B ). TERMINATION OF SERVICES OF AN EMPLOYEE FOUND guilty OF IMMORAL BEHAVIOUR TOWARDS STUDENTS : where the Commissioner is satisfied after such a summary enquiry as he deems proper and practicable in the circumstances of the case that any 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 month's or three month's pay and allowances accordingly as the guilty employee is temporary or permanent in the service of the Sangathan. In such cases, procedure prescribed for holding enquiry 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 the opinion that it is not expedient to hold regular enquiry on account of embarrassment to 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 enquiry and he shall keep the Chairman of the Sangathan informed of the circumstances leading to such termination of services";