THAKUR PRASAD MAURYA (T.P. MAURYA) S/O LATE R.D. MAURYA Vs. UNION OF INDIA THROUGH SECRETARY, HUMAN RESOURCE DEVELOPMENT AND OTHERS

JUDGEMENT

(1.) Heard Sri S.K. Kalia, learned Senior Advocate, assisted by Sri Sameer Kalia and Sri Deep Chaterjee, Advocates, for petitioner and Sri Sunderam P., Advocate, for respondent-Kendriya Vidyalaya Sanghathan.

(2.) This is a writ petition filed under Art. 226 of Constitution of India, by Thakur Prasad Maurya, who is aggrieved by judgment and order dated 24.08.2009 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as "Tribunal") dismissing his Original Application No. 230 of 2008 and upholding order of termination, dated 30.05.2008, passed under Art. 81(B) of Education Code of Kendriya Vidyalaya Sanghthan (hereinafter referred to as "KVS") dispensing with regular enquiry on the ground that petitioner was found prima facie guilty of moral turpitude involving sexual offence/exhibition of immoral sexual behaviour towards girls students and that regular enquiry would likely to cause serious embarrassment to students and their guardians and therefore it was not reasonable practicable.

(3.) Petitioner was appointed initially as Trained Graduate Teacher (Maths) in Kendriya Vidyalaya (hereinafter referred to as "School") and was posted from time to time at different places. In 2007, he was posted at Kendriya Vidyalaya, Raksha Vihar, Kanpur. A complaint was made on 02.08.2007 by Ram Awadh Verma, father of a girl student of Class-9th that petitioner used to talk with his daughter indecently. Principal of School sought an explanation from petitioner vide letter dated 04.08.2007. Copy of said show cause notice was also forwarded to Assistant Commissioner, KVS, Lucknow. Petitioner submitted reply dated 07.08.2007 denying allegations and said that he has never been pointed out any complaint in the past. He also forwarded statements of 43 students of Class-9th.