COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN Vs. DHARMENDRA SINGH

JUDGEMENT

(1.) The petitioner has filed the present writ petition which is the third round of litigation with the respondent who joined as a Primary Teacher in the year 1982. The long chequered history of the litigation started in the year 1986, on selection of the respondent as a Post Graduate Teacher (Physics) in Khetri, Rajasthan from where he was transferred to Kendriya Vidyalaya (hereinafter referred to as "K.V.") Patiala in the year 1994 and thereafter to Amritsar in the year 1996. The respondent joined his duties on 19.7.1996 at K.V., Amritsar and then began his bad days. The respondent was not allowed to work in the school as he had spoken objectionable things against a good friend of the Principal of K.V., Patiala. The respondent made a number of representations to the authorities of Kendriya Vidyalaya Sangathan (hereinafter referred to as 'K.V.S.') seeking a posting in any other school. He was asked to join KV at Amritsar. Having no other option the respondent reported for duty on 12.12.1996 at K.V., Amritsar. On 31.1.1997 a memorandum was issued to the respondent under Rule 11 (8) of CCS (CCA) Rules, 1965 for refusing to take over the charge of the Physics Laboratory. The Principle also stopped his salary. The respondent made a representation to the Assistant Commissioner of K.V.S. Jammu and requested him to intervene and not to allow the Principal to stop his salary. The Assistant Director sought explanation from the respondent vide memorandum dated 18.2.1997 for violating Rule 66 of the Education Code for not sending the representation through proper channel. The respondent herein explained vide letter dated 25.2.1997 that since the complaint was against the Principal he had no alternative but to make representation directly on the following issues:

(2.) Repeated representations made by the respondent herein did not evoke any fruitful result, so he approached the High Court of Delhi vide C.W. No. 3399/1997 seeking the following reliefs:

(3.) The petitioner instead of complying with the directions issued by the High Court of Delhi served a Memorandum dated 17.2.1999 to the respondent proposing to hold an inquiry against him under Rule 14 of the CCS (CCA) Rules, 1965. The Statement of Articles of Charge framed against him are as under - -