KENDRIYA VIDYALAYA SANGATHAN Vs. GAURI SHANKAR

JUDGEMENT

(1.) KENDRIYA Vidyalya Sangathan has filed this writ petition challenging the order dated 10. 4. 2003 passed by the Central Administrative Tribunal, principal Bench, New Delhi in T. A. No. 33/1999 whereby the Tribunal has allowed the aforesaid application of the respondent and quashed the order dated 5/8. 5. 1995 and 10. 5. 2002 whereby the Disciplinary Authority terminated the service of the respondent and the Appellate Authority confirmed the said termination respectively.

(2.) THE respondent was working as a Group D employee of Kendriya vidyalaya Sangathan since October 1984. In August 1994, he was working in Kendriya Vidyalaya, Masjid Moth. On 3. 8. 1994, after school hours at about 4. 30 p. m, two students of Class IX, a girl and a boy approached him to have the classrooms opened for taking out their books. They took the keys from the Chowkidar after they were directed by the respondent to him, and went inside the main School building. It appears that after some time the head Clerk came to the site. He desired to have his lunch box taken out and when he found the main building door locked from inside, he enquired from the Chowkidar for the keys. Thereafter, the respondent, the Chowkidar and the said employee tried to enter the school building but found that the said two students had bolted the building from inside. Apparently, the respondent entered the premises through a broken toilet window and discovered the two students after some search. They were questioned by him separately. It appears that after sometime the girl student left, but the boy student stayed back to request the respondent not to report the matter to the Principal. In the meantime, the Head Clerk, Shri Bhat also left and the boy student was left in the school premises with the respondent.

(3.) ON 5. 8. 1994, the boy student made a complaint against the respondent that when he was with the respondent on 3. 8. 1994, the respondent had made him touch his private parts. On the basis of the complaint, an inquiry committee was set up by the Principal of the School consisting of two PGT teachers and three TGT teachers, three of whom were females and two were males. The inquiry report came out with, inter-alia, following findings: "from the evidence recorded and statement submitted by the boy and gauri Shankar, it is established that Gauri Shankar has misbehaved with the children. Gauri Shankar and the boy are equally guilty. "