R S MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The central-stage is provided by Kendriya Vidyalaya, Rajkot. Mr.Misra was teaching there. He was a post graduate teacher (chemistry) and had at his back sixteen years of meritorious service. On February II, 1988 he was served with an order issued by the Commissioner of Kendriya Vidyalaya Sangathan. It was as follows:

(2.) It all started in September, 1987. To be precise, September 14, 1987. On that day two girl students of the School, Kumari Reena and Kumari Chhaya, lodged written complaints with the Principal in regard to the misbehaviour of Mr.Mishra. The Principal, thereupon "investigated the complaints" and reported the matter to the Assistant Commissioner, Ahmadabad with the assertion that the complaints had substance. Not only this, the Principal further stated that about 60 more students of class IX and X of the Vidayalya had also made complaints against the misbehaviour of Mr.Mishra. On receipt of the said communication, the Assistant Commissioner deputed one Dr.K.M.Patel, Education Officer, to inquire into the allegations. Dr.Patel submitted his report on September 28, 1987 holding that the petitioner was prima facie guilty of moral turpitude involving exhibition of immoral sexual behaviour towards the girl students of his Vidyalaya. Since Dr.Patel had found Mr.Mishra prima facie guilty of the charges, the Assistant Commissioner could not possibly sit over the matter and he did not. He sent the report of Dr.Patel to the Commissioner of the Sansthan recommending Mr.Mishla's termination of services under Article 81(b) of the Education Code of the Kendriya Vidyalya Sansthan. I would be dealing with Article 81(b) of the Education Code for Kendriya Vidyalaya a little later. Let me first reproduce the said letter of the Assistant Commissioner. It runs as under:

(3.) It appears that consequent upon the letter of the Assistant Commissioner reproduced by me above. a note was prepared by one Mr.J.R.Bhardwaj, Vigilance Officer. That note is of October 28, 1987 wherein he opined that Article 81(b) of the Education Code required to be invoked and that the services of Mr.Mishra ought to be terminated. He concluded: