- (1.) The instant petition under Article 226 of the Constitution has been preferred by unsuccessful original applicant-petitioner challenging order dated 28.2.2011 (P-14) rendered by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal') upholding the view of the Kendriya Vidyalaya Sanghatan-respondent No. 5 (for brevity, 'KVS') regarding the satisfaction that regular departmental inquiry as per the provisions of the Central Civil Services (Class, Control and Appeal) Rules, 1965 (for brevity, 'CCS Rules'), against the original applicant-petitioner was not practical as it could have caused serious embarrassment to the girl students who were of tender age and their guardian/parents, their safety and security by preventing their exposure to the tardy process of cross- examination etc. during inquiry. Therefore, the decision of dispensing with holding of a regular departmental inquiry was upheld.
(2.) Brief facts of the case are that on 31.1.2009, a complaint was made to the Principal, KVS, NFL, Panipat, by the grandfather of a girl student of Class VI alleging immoral behaviour of the applicant-petitioner towards girl students as well as his ineffective teaching. On 3.2.2009, a preliminary inquiry was made by a Committee consisting of Mrs. D. Kapoor, PGT (Bio), Mr. J. Prasad, PGT (Eco) and Mr. V.G. Kaushik, PET at the school level. The said Committee in its report found that the behaviour and gestures of the applicant-petitioner towards girl students were objectionable and they felt insecure in his period. His proximity with girl students did not suit his profession. It was further found that his teaching work was ineffective and he was unable to maintain discipline in the class. Similar complaints were also received from other girl students and their parents.
(3.) On 11.2.2009 (A-1) a notice was issued to the applicant-petitioner asking him why disciplinary action be not taken against him. According to the allegations, the applicant-petitioner has been indulging in act of immoral behaviour with the girl students and 'KVS' being a institute which uphold dignity and security of all its students, his acts were considered a cause of moral turpitude. The applicant-petitioner was asked to give his explanation. In his reply, he refuted the charges and made counter allegations against Shri V.K. Kaushik, PET and other staff members alleging bias against the dalits. After receipt of his reply, respondent No. 3 passed an order of suspension and disciplinary proceedings were initiated against him (A-4). A team of two persons, namely, Shri R.B. Meena, Education Officer and Smt. Shalini Dixit, Principal, K.V.S, Zirakpur, was deputed to conduct a summary inquiry. In their report dated 4.3.2009, the allegation of immoral behaviour by the applicant- petitioner against some girl students of the school was found to be proved (A-5). It was followed by a show cause dated 6.4.2009 (A-6), which was served upon the applicant-petitioner asking him to explain why his services be not terminated. He replied on 20.4.2009 (A-7). Eventually, the order of termination of the applicant-petitioner was passed on 26.5.2009 (A-9) under Article 81(D) of the Education Code. His appeal was rejected vide order dated 28.10.2010 (A-11).;