- (1.) TO question correctness of the judgment dated 18.3.2011 passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No. 246/2008, this petition for writ is preferred.
(2.) IN brief, facts of the case are that the Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Jaipur served a memorandum dated 17.12.2007 upon the petitioner as per provisions of Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. As per the statement of articles of charge, the original applicant was found indulged in immoral behaviour with girl students of the Vidyalaya and that brought stigma to the institution and parents of the girl students. He also tarnished image of Kendriya Vidyalaya Sangathan and put the students and parents in a traumatic situation.
(3.) BY another order dated 07.4.2008, the charge -sheet aforesaid was withdrawn due to administrative reasons. The Disciplinary Authority, however, under an order dated 19.11.2008 invoked authority under Article 81(B) of the Education Code of Kendriya Vidyalaya and called upon the original applicant to explain as to why he be not punished for exhibiting immoral behaviour towards girls students of Class XI. Pertinent to mention here that Article 81(B) of the Education Code provides for termination of service of an employee found guilty of immoral behaviour towards students. The provision aforesaid reads as under: - - "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 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. Note : Wherever and as far as possible, a summary inquiry in the complaint of immoral behaviour by a teacher towards students of Kendriya Vidyalaya may be got investigate the Complaints Redressal Committee constituted in Regional Offices." ;