SURESH CHANDRA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant who was employed as the Vice-Principal of Kendriya Vidyalaya Sangatan (K.V.S. in short). Upper Shillong underwent a preliminary inquiry ordered by the Competent Officer on the allegation of molesting a girl student, whereafter he was terminated from service. He has come for quashing of Annexure-A/4, order dated 10.11.2003 by which his services were terminated on allegation of moral turpitude, as well for quashing of Annexure-A/7 by which his appeal was also dismissed. Further praying to direct the respondents to reinstate him with all consequential benefits. As per the applicant, the respondents may be directed for conducting a regular inquiry against the applicant giving him reasonable opportunity to defend.

(2.) Before proceeding further, Article 81(b) of the Education Code (in short, the Code) of K.V.S. may be reproduced which admittedly is applicable to the applicant:

(3.) THE moot question that was argued was whether under the garb of Article 81(b) of the Code the matter could have been disposed of after an inquiry by a Committee, instead of conducting a regular inquiry. For this, the learned Counsel for the applicant has heavily relied upon a decision of the Jharkhand High Court in W.P. (S) No. 904 of 2002. However, the only point involved for consideration in that case was the application of the provision as contained in Sub-clause (b) of the second proviso to Clause 2 of Article 311 of the Constitution of India which permitted a Competent Authority, empowered to remove a person from service, to dispense with the requirement of holding an inquiry for the reasons to be recorded in writings, if such an authority was satisfied that the holding of such an inquiry was not reasonably practicable. THE petitioner in that case also was working as a school Teacher and allegation against him was that he had indulged in an unbecoming and immoral action of writing love letters to one of his girl students and also attempted to seduce her. After a preliminary or summary inquiry the petitioner was terminated from service whereafter he took shelter of the Hon'ble High Court. THEir Lordships in that case held that under the facts and circumstances of the case a regular departmental inquiry should have been held instead of disposing of the matter with the help of Sub-clause (b) of second proviso to Clause (2) of Article 311 of the Constitution of India.