DIRECTOR, NAVODAYA VIDYALAYA SAMITI Vs. BABBAN PRASAD YADAV

JUDGEMENT

(1.) Leave granted.

(2.) Appellant 1 is an educational organisation and has been registered as a society under the Societies Registration Act. Respondent 1 (referred to hereafter as "the respondent") was employed as a teacher by the Society. On 8.2.2001 the services of the respondent were terminated. The order of termination records that the respondent was prima facie found guilty of moral turpitude because he had indulged in immoral conduct with one of the students of the school by writing undesirable letters/remarks to her. It is further recorded that the Director while issuing the order of termination, was satisfied that the procedure of holding a regular departmental enquiry under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 was not expedient, as the same may cause serious embarrassment to the girl student and her parents. A full enquiry was therefore dispensed with. Finally, the order stated that the evidence on record established the respondent's guilt and that his continuation in a residential institution, like the appellant Society, would be prejudicial to the interest of the girl students and the institution itself. The respondent was given three months' pay and allowances in lieu of notice under the Rules in terms of Notification No. F. 14-2/93- VVS(Vig) dated 20.12.1993.

(3.) Aggrieved by the order of termination the respondent approached the Central Administrative Tribunal. The Tribunal dismissed the respondent's case. The High Court, however, reversed the decision of the Tribunal and set aside the order of termination on a writ application filed by the respondent. The High Court, however, gave an opportunity to the appellant Society to hold a regular enquiry into the charges levelled against the respondent.