COMMISSIONER KENDRIYA VIDYALAYA SANGATHANKAR Vs. SHIVARAJ HILALPUR

JUDGEMENT

(1.) The petitioners, the Administration of Kendriya Vidyalaya Sangathan (for short "KVS"), have filed this writ petition impugning the order dated 03.03.2016 passed by the Central Administrative Tribunal Bengaluru Bench, Bengaluru, (for short, "Tribunal"). The Tribunal by the impugned order while quashing the termination order dated 05.12.2013 (Annexure-A32) by the Commissioner, KVS and the order dated 03.04.2014 (Annexure-A37) in appeal by the appellate authority, has directed commencement of the Departmental Enquiry against the respondent within one month from the date of the impugned order on the charge sheet already issued to the respondent with a further direction to conduct such enquiry on a day-to-day basis. The Tribunal has also directed that the respondent shall continue to be under suspension during the period of enquiry with the respondent being entitled to subsistence allowance.

(2.) The respondent was in service with Kendriya Vidyalaya, Kotnoor, Gulburga ( for short "Institution"), and was issued with the termination order dated 05.12.2013 after an enquiry under Article 81(B) of the Education Code for KVS. This order dated 03.03.2016 was a culmination of the complaints that were made by the girl students of class- VII to X to the inspection team, who brought such complaints to the notice of the Principal and advised the Principal to conduct an enquiry in accordance with the stipulated procedure and submit report to the Regional office. The Principal, in terms of the guidelines applicable, constituted a Committee of five members of the staff of the Institution to enquire into the charges leveled against the respondent. This Committee after recording the statement of the students, members of the faculty and the respondent, submitted a prima facie finding on 12.11.2009 concluding that there were instances of the respondent misbehaving with girl students and that such misbehavior amount to immoral behavior. Later, a Summary Enquiry Committee comprising of the members from, and outside, the Institution was constituted to submit a report on the charges leveled against the respondent after requisite proceedings. This Summary Enquiry Committee submitted its report on 06.01.2010 to the Assistant Commissioner, KVS.

(3.) The respondent at the first instance impugned the report dated 06.01.2010 which culminated in the order dated 03.03.2016 by the Division Bench of this Court. The Division Bench of this Court, without expressing any view on the merits of the case as regards the alleged misconduct, permitted the respondent to submit his representation against the report dated 06.01.2010 with further direction to the Commissioner, KVS to take proper course of action observing that if the Commissioner, KVS chooses to invoke Article 81 (B) of the Education Code for the KVS, he shall record reasons therefor. The respondent submitted the representation on 12.10.2013 to the Commissioner, KVS, who recording that the respondent is guilty of moral turpitude involving immoral sexual overtures towards girl students that constituted "misconduct" warranting invocation of Article 81(B) of the Education Code for KVS, concluded that he did not consider necessary to hold a regular enquiry under CCS(CCA rules 1965) contemplated for imposition of major penalty. The Commissioner, KVS further concluded that regular enquiry would be an embarrassment to the girl students and cause trauma to them in their tender age; that it would be hazardous to expose the young girl students to the torturous process of cross-examination which would be inevitable in regular enquiry impacting their studies and reputation and that there will be major concerns in the Institution and Society about the safety and security of the girl students. The Commissioner, KVS considered the contents of the Report dated 06.01.2010, the respondent's representation and documentary evidence available on record to conclude that the respondent was guilty of misconduct involving moral turpitude and by his order dated 05.12.2013 ordered termination of the respondent's services with immediate effect by giving three months' pay and allowances invoking the powers conferred under Article 81(B) of the Education Code for KVS. The appeal filed by the respondent impugning the order dated 05.12.2013 passed by the Commissioner, KVS, is dismissed by order dated 03.04.2014 by the Appellate Authority, Vice Chairman, KVS.