SHASTRI R K Vs. KENDRIYA VIDYALAYA SANGTHAN

JUDGEMENT

(1.) THIS petition under Article 226/227 of the Constitution challenges the order dated November 22, 2002, (Annexure P. 1), passed by Central Administrative Tribunal, Jabalpur (hereinafter referred to as "tribunal"), in Original Application No. 585/2002, whereby a prayer to set aside and quash the orders Annexure P. 2 to P. 8 was rejected by the Tribunal.

(2.) BRIEF resume of the facts is as follows: The petitioner is working as Trained Graduate Teacher (Sanskrit) in the respondent Sangthan, since 1983. In July 2001, when the petitioner was working as Trained Graduate Teacher (Sanskrit) at Kendriya Vidyalaya No. 2, Bhopal, he was placed under suspension as per order dated July 13, 2001, passed by the Assistant Commissioner, Kendriya Vidyalaya Sangthan, Bhopal region and a charge-sheet dated October 16, 2001, was issued.

(3.) IT is alleged by the petitioner that he required certain documents for the purpose of submission of reply to the charge-sheet and he prayed for the same vide letter dated October 22, 2001 but instead of deliberating upon this letter, respondent 3, closed his right to written reply to the charge-sheet and by order dated November 1, 2001 proceeded to appoint Enquiry Officer and Presenting Officer. The Enquiry Officer conducted himself in the most biased, predetermined and mala fide fashion. The petitioner, apart from the material cited in the charge-sheet, required additional documents and material for the purpose of his defence but the same were denied and in two sittings i. e. on June 26, 2002 and August 8, 2002, entire departmental enquiry was wrapped up. The witnesses were examined in a mechanical manner in his absence and in the absence of his defence assistant.