I D PANDAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this writ petition against the order of termination of his service purportedly passed under Article 81 (b) of the Education Code for Kendriya Vidyalaya.

(2.) The petitioner joined the Kendriya Vidyalaya Sangathan as a Post Graduate Teacher on 24.6.66 and he became Principal on 10.9.84. Thereafter he joined as Principal, KV, Cooch Bihar on 27.7.89 and the incident in question took place while he was working as such. On his request he was transferred to KV Tengavalley on 26.11.92 wherein he is still working. The petitioner is aged about 55 years and his family comprises his wife, daughter, son, daughter in law and grand son.

(3.) During his posting at Cooch Bihar he was produced with a letter by the respondent No. 5 the Education Officer containing complaint with a copy of a telegram from some parents alleging petitioner's involvement in sexual harassment to a girl of Class IX namely, Swagata. Petitioner gave reply on the same day and simultaneously wrote letter to the Assistant Commissioner Kendriya Vidyalaya Sangathan (KVS), Guwahati Region seeking transfer because of threatenings and accordingly he was transferred to KVS, Tengavalley. Petitioner's contention is that the allegations are concocted, false and engineered by vested interests to thwart the petitioner's effort to instill discipline amongst the students. His further contention is that at his present place of posting at Tengavalley there is no any allegation against the petitioner and the authorities concerned were satisfied that the complaint was maliciously filed. That to his credit the petitioner received accolades from the concerned higher authorities. In support of this he annexed the letter of appreciation issued by the concerned authorities (Annexures- IV and V to the affidavit in reply). But inspite of this, it is alleged, the petitioner received order dated 17.2.92 (Annexure-III to the writ petition) issued by the respondent No. 4 by which the impugned order passed by the respondent No.3 under Article 81(b) of the Education Code published by the Govt. of India, Ministry of Education was communicated.