H.P. SHARMA Vs. KVS AND ANR.

JUDGEMENT

(1.) THE Petitioner, has challenged the order dated 14th October, 2004 passed by the Central Administrative Tribunal, Principal Bench in O.A No. 88/2004 titled as 'Sh. H.P. Sharma v. NVS and Anr.' dismissing the original application of the Petitioner against the order of his dismissal from service, but giving him the liberty to submit a fresh unconditional resignation with effect from the date of the order of termination i.e. 13th June 2003.

(2.) THE brief facts to comprehend the disputes between the parties are that the Petitioner had joined as Principal on deputation in the Navodaya Vidyalaya Samiti, the Respondent institution, on 21st July, 1988 and he was subsequently absorbed as a permanent employee on 1st September, 1992. Thereafter, he was transferred from Rajgarh Navodaya School of Madhya Pradesh State to Javahar Navodaya Vidyalaya, Niwarsi Distt. Kurukshetra , Haryana on 30th April, 1993.

(3.) THAT on 28th January, 2003 the Petitioner had received a complaint from a girl student namely Santosh (name changed) of Class X, against the Mathematics teacher, Sh. Rajesh Kumar, alleging molestation by the said teacher. Therefore, the Petitioner had issued a direction to the Vice -Principal, Miss Anju Gupta, to conduct an inquiry in respect of the allegations made by the child. A copy of the complaint dated 28th January, 2003 written in Hindi by the student was also forwarded. Consequently, the Petitioner learnt that the concerned teacher, Mr. Rajesh Kumar, was transferred to Sikkim as 'Punishment Transfer'.