UDAI SINGH Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) "Guru Govind Dou Khade, Kakke laagun paye..Balihari guru aapne, govind dio bataye." This immensely popular & often quoted couplet by Poet-saint Kabir has a profound foothold. It says I face both God and my guru, who should I bow first? I first bow to my guru because he's the one who showed me the path to God. The importance given to a teacher or a guru in our society thus needs no special mention. Since times immemorial, the relationship between teachers and students has been venerated. It is considered to be a pious bond which is further strengthened by the knots of trust, respect and utmost devotion. Teachers play a pivotal role in shaping a child's life and to help decide the course which the child would eventually take in his life path. They are the torchbearers who lead from the front and mould a child like a potter moulds the clay to give it shape and being. Teachers have been known to influence their students by shaping their rational and moral values and hence, play an important role in moulding the society as a whole. But with the changing times, this pious and sacramental bond has also come under the scanner. Now-a-days even this revered relationship has become a victim of covetousness, lust and contemptible desires, because of which the students do not consider their teachers as their "gurus" in the true sense of the word. The teachers are also heard of exploiting students, going to the extent of sexually abusing them. This faith between them has been crushed with impunity with the protector turning into a beast. Similar are the facts of the case at hand wherein the fate of this girl was debauched at the hands of her teacher's unwanted desires who sexually harassed her on the pretext of tutoring. She was subjected to harassment at the hands of someone who instead should have been a concierge, a protector.

(2.) By way of the present Writ Petition, the petitioner seeks to question the tenability of the order dated 05.05.2010 passed by the learned Central Administrative Tribunal (hereinafter referred to as the learned tribunal), Principal Bench, New Delhi thereby dismissing his application being O.A.No. 1907/2010 preferred by the petitioner. The petitioner has also assailed the order dated 26.07.2011 passed by the learned Tribunal in R.A. No.231/2011 whereby the Review Application preferred by the petitioner was also dismissed.

(3.) Before we deal with the various contentions raised by the parties, it would be pertinent to narrate the facts of the case. The petitioner herein was employed as a Post Graduate Teacher (PGT) with the respondent School. As per the petitioner he had a meritorious record as a teacher right from the date when he was selected for the post of TGT in the Kendriya Vidyalaya Sangathan (hereinafter referred to as KVS). As per the petitioner he was lauded not only by the Principal of the school where he was posted from time to time but also by the administrative officer of the KVS. In his twenty seven years of service with the KVS, on 22.01.2008 for the first time a complaint on 22.01.2004 was made against him, by a girl student of class XII, alleging sexual harassment. On the basis of the complaint, the petitioner was suspended on 06.06.2008. In order to put forward his case and specially for seeking personal hearing, the petitioner made a detailed representation to the Assistant Commissioner of KVS (Delhi Region). An enquiry was initiated against the petitioner, without divulging the details of the complaint. When he was asked to join the enquiry, virtually all the witnesses had already been examined. Although, 140 students of class XII and altogether 80 teachers were available to bring correct facts before the enquiry committee, but none of those were examined as witnesses. On the basis of the report given by the enquiry committee, the service of the petitioner was terminated by the Commissioner, KVS, vide order dated 24.10.2008. Pursuant to such order, an appeal was preferred by the petitioner before the Vice-Chairmen (Appellate- Authority), KVS and the same was also dismissed vide order dated 4 th February, 2009, whereby the termination order passed by the Commissioner, KVS was confirmed.