SADHNA JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant seeks quashing of order dated 6.2.2003 passed by the Assistant Commissioner, Kendriya Vidyalaya Sangathan (K. V.S.) Lucknow (respondent No. 3)(Annexure A-1) and also Memo dated 10.8.02 issued by the Assistant Commissioner (K.V.S.) Lucknow (respondent No. 5) (Annexure - 2 to this O.A.).

(2.) The applicant while working as Librarian at K.V.S. Rae Bareli, was served with a charge-sheet on 2.1.02 under rule 14 of the C.C.S. (C.C. A.) Rules, 1965 (in short the Rules of 1965). The charges levelled against the applicant are as under:

(3.) THE respondents, in their Counter Affidavit have denied the allegations made by the applicant and it is stated that under Article 80(a) of Education Code for K.V.S. (in short Code) all the employees of the K.V.S. are subjected to disciplinary control of the K.V.S. However, as per decision of the K.V.S. "the rules of 1965 are applicable mutatis mutandis to all members and staff of the K.V.S. except when otherwise decided. THE Govt. of India (Central Vigilance Commission), vide its letter dated 16.9.99 directed that the services of a retired officer should be utilised for conducting departmental enquiries. Accordingly, the K.V.S. has drawn a panel of retired K.V.S. officers as Inquiry Officer in respect of teachers and employees of Lucknow and Patna Region in order to speed up the disciplinary proceedings. THE name of Shri A.K. Varshney, retired Assistant Commissioner who has conducted the enquiry against the applicant has also been included at serial No. 12 in the aforesaid panel dated 29.9.99. Thus, the appointment of enquiry officer is in order. THE plea of the applicant having not filed any appeal to the Appellate Authority, as per rules, has also been taken by the respondents.