SUDESH KUMAR SHUKLA Vs. GURU HARKRISHAN PUBLIC SCHOOL

JUDGEMENT

(1.) The Petitioner who was working as a trained graduate teacher ('TGT') in Music in the Guru Harkrishan Public School at Nanak Piao, Delhi ('the School'), Respondent No.1, has in this writ petition questioned the termination of his services by the School and sought reinstatement and full back wages.

(2.) The Petitioner was appointed as a TGT in Music in the School initially on probation for a period of one year by Memorandum dated 31 st October 1994. By a Memorandum dated 3 rd November 1995 he was confirmed as TGT (Music) with effect from 1 st November 1995. By another Memorandum dated 9 th January 1997, the Petitioner was promoted to the post of Post Graduate Teacher ('PGT') (Music) with effect from 1 st January 1997.

(3.) In January 2000, the Petitioner and another teacher Mrs. Sunita Kainth were deputed by the School to accompany some of the girl students participating in a national group folk song competition held in Ahmedabad on 15 th January 2000. Acting on complaints received from some of the girl students about the harrowing experience they underwent on the return train journey from Ahmedabad to Delhi during the intervening night of 19 th and 20 th January 2000, the Principal of the School issued a Memorandum on 21 st January 2000 to the Petitioner in which it was stated that at the time of the "ugly incident during the return journey from Ahmedabad" he was found intoxicated. The Petitioner gave a reply on 21 st January 2000 itself denying that he had indulged in any misbehavior. According to him, on the intervening night of 19 th /20 th January 2000 a complaint was made to him about two other coordinators, one Mr. V.P. Singh and one Mr. Ramesh Lohan, Deputy Coordinator who were in a government school in Delhi and were accompanying students from that school. Mr. V.P. Singh was alleged to have been under intoxication and of having teased one of the girl students from Respondent No. 1 School. The Petitioner claimed that Mr. V.P. Singh had been handed over to the Railway Police at Bandi Kuin in Rajasthan with the help of other passengers. A complaint to the same effect was given to the School jointly by the Petitioner and Mrs. Sunitha Kainth on 20 th January 2000. This was signed by the girl students who had travelled to Ahmedabad and included the girl who had been teased by Mr. Singh.