KAMLAPATI DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this court against the order dated 22.11.1990, by which he was removed from the service. This order was passed by respondent no.5, Dr. K.K. Jha, Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Silchar Region, Assam. The brief facts necessary to dispose of this petition are recapitulated as under:-

(2.) The petitioner was appointed as a Trained Graduate Teacher on 16.8.84. On 22.7.1986, Shri S.P.Singh, Principal, Kendriya Vidyalaya addressed a letter to Dr.K.K. Jha, seeking his advice so as to place the petitioner under suspension because they were aggrieved by a lawyer's notice sent to them at the behest of the petitioner and also for the reason that the petitioner applied for a staff quarter. Immediately thereafter on 24.7.86, the petitioner was put under suspension. On 26.8.86, the petitioner made representation challenging the competence of the principal to suspend the petitioner under Rule 10 of CCS (CCA) Rules, 1965. On 10.9.1986, during the period of suspension, the petitioner was transferred to Kendriya Vidyalaya Project Pushpak by the Assistant Commissioner, Kendriya Vidyalaya Sangathan, Silchar.

(3.) On 25.9.1989, the petitioner was relieved by the Principal, Kendriya Vidyalaya and the suspension order was revoked by the Principal. On being relieved by the Principal, the petitioner protested to the Kendriya Vidyalaya Project Pushpak, where he found to his utter dismay, that another teacher had already been posted in his place and she had already joined that post. The petitioner'in these circumstances could not join the Kendriya Vidyalaya, Pushpak. On 7.10.86, the petitioner was asked to report to the Assistant Commissioner, Kendriya Vidyalaya, Silchar, who vide office order dated 7.10.86, modified the transfer order dated 10.9.86, and the petitioner was directed to be posted to Kendriya Vidyalaya Loktak, instead of Kendriya Vidyalaya Sangathan, Pushpak.