K.C.Agrawal, J. - (1.) THIS special appeal has been filed against the order of learned single Judge dated 23rd April, 1991, by which, the writ petition of the petitioner was allowed.
(2.) THE submissions of the learned Counsel for the appellant are as under: 1. That present one is not a fit case for exercising discretion under Article 226 looking to the conduct of the petitioner and entertaining the writ petition and quashing the order of termination; 2. That the writ petition is not maintainable against Kendriya Vidyalaya Sangthan which is not a State; That a proper opportunity was not given to the appellant -respondent by the learned single Judge inasmuch as the appellant entrusted the file to Shri V.S. Dave, Advocate who was subsequently alleviated as Hon'ble Judge of this Court and neither there was any information to the petitioner nor any proper authorisation to submit the reply and defined the case and
(3.) ON merit it was submitted that the learned single Judge has erred in interpreting the provisions of Rule 81 -b of the Kendriya Vidyalaya Sangthan rules. 3. The submission of Mr. Joshi on behalf of the petitioner -respondent is that the requirement of the provisions of Rule 81 -B have not been complied with inasmuch as the summary enquiry was conducted by the Assistant Commissioner and not by the Commissioner and the petitioner was interrogated by the Commissioner. The Commissioner has not applied his mind and no notice was given by the Commissioner before dispensing with the enquiry contemplated under Rule 81 -b and no enquiry was conducted and it was only an investigation. 4. The arguments of both the learned Counsel have been heard. The record of the appellant was also produced and it was pointed out that Mr. M.L. Mudgal (Primary Teacher) was a teacher in the Kendriya Vidyalaya Sangthan and was doing the tuition of Kusum Wadhwa (Class VIIIth C) at the rate of Rs. 50/ -per month for maths and general science since July, 1981. It was reported by Mr. H.C. Wadhwa, father of Kusum Wadhwa that his daughter was sexually assaulted by Mr. Mudgal on 26th December, 1981. It was decided that the entire incident needs to be thoroughly enquired into. A report was also received from the Principal of the Kendriya Vidhyalaya Sanghtan. The Assistant Commissioner Ahmedabad has also endorsed the views particularly of Mr. Mudgal's involvement in some incidence earlier and has general reputation in this regard A detailed report of enquiry was submitted. Kumari Kusum Wadhwa in her statement before the Enquiry Officer in presence of the accused, her father and principal stated that on 26.12.1981 Shri Mudgal closed his room and assaulted her and outraged her modesty and threatened her that dire consequences will be there if she tells the aforesaid incidence to anyone. The girl was not cross -examined and it was stated by Mr. Mudgul that he did not like to argue with his student. In the enquiry the petitioner was found prima facie guilty of moral turpitude outraging the modesty of a girl. During the course of preliminary enquiry the petitioner has accepted the charge, which statement subsequently he resiled.;