VINAY KUMAR Vs. THE COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) WITH the consent of the parties, the writ petition is set down for final hearing and disposal.

(2.) THIS case has a long history inasmuch as that the petitioner who was working as a TGT Maths with the respondent School since the year 1984 was issued a charge sheet on 29.06.2001. The charge sheet contained five articles of charge. After the inquiry was conducted, the petitioner was exonerated by the Disciplinary Authority, a fresh inquiry was conducted at the instance of the Assistant Commissioner of the respondent. The inquiry report was submitted on 17.12.2003. Three out of five charges against the petitioner stood proved. Based on the inquiry report, on 19.04.2004 a major penalty of removal from service was imposed upon the petitioner. OA.2461/2005 was filed by the petitioner in the year 2005. The OA was allowed on 04.12.2006. The Tribunal had issued a direction to the respondent to supply documents to the petitioner and thereafter commenced the enquiry proceedings.

(3.) THE order of the Tribunal was assailed by the respondent herein by filing a writ petition bearing W.P.(C).No.2296/2007. By an order dated 17.04.2007, the aforesaid writ petition was disposed of. However, the respondent assailed the order dated 17.4.2007 by filing a SLP before the Supreme Court of India which was dismissed on 03.11.2009. Meanwhile, during the pendency of the SLP, on 01.04.2009 the petitioner was reinstated and he joined his duty on 14.04.2009. The respondent decided to continue with the inquiry from the stage of supplying of documents to the petitioner. The inquiry was concluded on 29.01.2010. The Disciplinary Authority passed an order of removal against the petitioner. A departmental appeal was filed by the petitioner which was allowed on 31.03.2010 and the order of removal passed by the Disciplinary Authority was revoked.