JAI PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition is directed against the order dated 8th November, 2007 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal? for short) dismissing the O.A. No. 2053/2007 and M.A. No. 2056/2007 filed by the petitioner, Jai Prakash, inter alia, on the ground that the application was delayed by 3365 days. THE petitioner was dismissed from service in the year 2000, and had approached the tribunal in 2007. It was held that the delay of 7 years was too long a period for a civil servant to agitate a cause, if any. It was further held that the petitioner had failed to furnish satisfactory proof to show that he was sick so as to disable him to resort to legal remedies. THE tribunal, looking at the nature of the allegations mentioned in the order of dismissal, recorded that the petitioner might have been embarrassed because of his conduct but with passage of time, the petitioner had emboldened himself to belatedly agitate his claim.

(2.) THE order of dismissal of the petitioner dated 2nd November, 2000 reads as under: Whereas, Shri Jayaprakash TGT (Hindi) KV Donimalai has been primafacie found guilty of involving in homosexual activities with students of the Vidyalaya. Whereas, the undersigned is satisfied from the summary inquiry that the said Shri Jayaprakash is guilty of Moral Turpitude involving sexual offence or exhibition of immoral sexual behaviour towards the students and that Shri Jayaprakash did not cooperate with the inquiry by staying on unauthorized leave. And whereas, the undersigned is further satisfied that the procedure of CCS(CCA) Rules, 1965 to hold regular inquiry is not expedient in this case as the same may cause serious embarrassment to the students and their parents. THE evidence on record establishes the guilt of the teacher and hence the continuance of the teacher in an educational institution is prejudicial to the interest of the students as well as the institution. Now, therefore, the undersigned, in the capacity of the Commissioner, KVS in exercise of the powers under Article 81(b) of the Education Code for KVs hereby terminates the service of Shri Jayaprakash TGT (Hindi), KV Donnimalai, with immediate effect. Shri Jayaprakash, TGT (Hindi) will be paid pay and allowances for one or three months as the case may be as admissible under the rules.

(3.) THE present writ petition was filed on or about 10.07.2008 but was returned under office objections. THE office objections have been removed after 931 days. It is stated in the application that the petitioner had lost records and these could be reconstructed in the first week of August, 2011. It may be relevant to state that the petitioner, in paragraph 3.15 of the petition, has stated that he has filed the entire records, which were filed before the tribunal. Thus, there is contradiction in the statement made by the petitioner in the application for condonation of delay in refilling and the averments made in the writ petition itself.