ISHWARBHAI K. VANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN view of the sensitivity involved in the matter, the matter was heard in the chambers of Hon'ble Shri Rudhra Gangadharan, Member(A).

(2.) THE instant O.A. is filed by the applicant with the prayer to set aside the order dated 15 -7 -2010 vide Annexure A/1 passed by the Commissioner, Kendriya Vidyalaya Sangathan under which the applicant was terminated from service and to set aside the order dated 18 -1 -2011 vide Annexure A/7 passed by the Appellate Authority confirming the order of the Disciplinary authority. The applicant is also seeking a direction to the respondents to reinstate him in regular service with backwages and for a further direction to the respondent No. 3 to conduct a fresh regular inquiry pertaining to the blackboard breaking aspect.

(3.) A preliminary inquiry committee was constituted by the order dated 15 -9 -2009. The said committee conducted the inquiry on 16 -9 -2009 and concluded the same by submitting its report dated 16 -9 -2009 to the Principal. The Principal forwarded the preliminary inquiry report dated 16 -9 -2009 along with relevant records to the Assistant Commissioner vide letter dated 16 -9 -2009 who in turn submitted the report to the KVS Headquarters vide letter dated 18 -9 -2009. A summary inquiry was constituted by the Assistant Commissioner KVS Regional Office Ahmedabad vide order dated 01 -10 -2009 which conducted the inquiry on 07 -10 -2009 and during the inquiry, the Committee orally questioned and obtained a written statement from the said Smt. Indu Dhiman, mother of Kum. Neha Singh a student of Class VII A, three girls students and ten primary school teachers. The applicant also participated in the inquiry and his statement was also recorded by the Committee. The said summary inquiry committee submitted its report on 07 -10 -2009 to the Assistant Commissioner KVS Regional Office Ahmedabad vide letter dated 09 -10 -2009 who in turn forwarded the report to the Disciplinary Authority by the letter dated 12 -10 -2009. The said Committee in its report confirmed that the applicant committed misconduct involving himself in mild to moderate physical activities like touching the girl on her back side, hips, shoulders etc. and reported that the charges of immoral behaviour levelled against the applicant are proved.