S.P. GOSWAMI Vs. KENDRIYA VIDYALAYA SANGATHAN THROUGH THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI

JUDGEMENT

(1.) The applicant, an ex -PGT (Chemistry) under the KVS, has challenged confirmation of the provisional loss of lien on the post held by him and deemed removal from service with effect from the date of his remaining absent from duty i.e. 27.6.2005. By way of main relief, the OA seeks quashing and setting aside the impugned order dated 15.9.2006 passed by the Disciplinary Authority (Annex A/1) along with the order of the Appellate Authority dated 21.4.2008 upholding the DAs order (Annex. A/2). Besides, directions for reinstatement in service with all consequential benefits including arrears of pay have been sought.

(2.) The learned counsels, Shri M.K. Bhardwaj and Shri S. Rajappa would appear respectively for the applicant and the Respondents.

(3.) The brief factual matrix of the case relevant for purposes of adjudication of the present OA is summed up below. 3.1 Initially appointed as a Primary Teacher, the applicant was subsequently appointed by way of direct recruitment as a TGT. The applicant was promoted as a PGT in course of time. He was posted at Gurgaon. 3.2 The problem seems to have started after his transfer to KV No. 1, Kunjaban, Agartala in December, 2000. Without going into the intervening details, suffice it is to note that the services of the applicant got terminated under Article 81 (d) of Education Code, vide the order dated 22.3.2004. However, this order was set aside by the Appellate Authority s order dated 22.2.2005. The applicant was reinstated in service vide the Order dated 27.1.2005. He joined at KV Kunjaban, Agartala on 22.2.2005. 3.3 The present cause of action started a few months after the rejoining of the applicant at Kunjaban, Agartala. The period of unauthorized absence, for which the impugned orders have been passed, spans from 27.6.2005 till 15.9.2006 (the date of passing of the DAs order). The following paragraphs contain a brief account of the main events that took place which ultimately led to the extreme decision of removal from service. 3.4 The unauthorized absence from duty began from June, 2005. Varying versions of the reasons and the circumstances behind such absence have come forth from both sides. Where as according to the applicant he had fallen sick and had applied for medical leave with certificates (Para