MADAN LAL Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) In Indian Society a teacher enjoys an exalted and elevated status. He has been placed only next to the parents. By the very nature of his job, a teacher is expected to impart not only the education but also impart in his students aesthetic abilities, moral and spiritual values and impeccable character. The higher pedestal upon which a teacher is placed by the Society is because of the selflessness with which a teacher is expected to act while preparing the future of the country. A teacher is not only incharge of the physical person of a student but also of his intellect and to shape up both, has to act with selfless involvement, diligence and a sense of renunciation so as the future of the country is safe in his hands.

(2.) In the backdrop of the aforesaid expectations from a teacher, we are sadly dealing with the petition of a teacher who was found "guilty of moral turpitude involving exhibition of immoral sexual behaviour" towards girl students of class 10th. On the basis of the aforesaid charges, his services were ordered to be terminated. An appeal filed by him before the Appellate Authority also failed. His challenge to the termination order before the Central Administration Tribunal was also rejected.

(3.) Petitioner, Madan Lal, was appointed as a Trained Graduate Teacher (English) on June 4, 1992. After the completion of his probation period, he was allowed to continue on his post till further orders. He claims that his performance was satisfactory. Initially, the petitioner was appointed as a teacher with Jawahar Novodaya Vidyalaya (hereinafter referred to as "JNV"), Longowal, District Sangrur. On July 7, 1999, he was transferred to JNV, Chandigarh. Certain complaints were received against the petitioner. Accordingly, in contemplation of the disciplinary proceedings, he was placed under suspension vide order dated February 17, 2003. In exercise of the powers conferred vide notification dated December 12, 1993, enabling the Commissioner (earlier Director) to dispense with the provisions of Central Civil Services (Classification, Control and Appeal) Rules, 1965, for imposing major penalty in a case where a delinquent is prima facie found guilty of moral turpitude involving sexual behaviour or exhibition of immoral sexual behaviour towards any student, the Commissioner, Novodaya Vidyalaya Samiti passed an order dated March 17, 2003 whereby a preliminary enquiry was ordered into the complaints of sexual harassment of girls students of JNV, Chandigarh by petitioner, Madan Lal. The petitioner, who was under suspension, was required to appear before the Enquiry Committee. The inquiry committee informed the petitioner about the complaint of sexual harassment received from the girl students. The petitioner was required to explain. He submitted his explanation on April 25, 2003. Mrs. Sushma Goswami, Principal, JNV, Pandoh who was directed to conduct a preliminary enquiry submitted her report to the effect that the petitioner is in the habit of making physical advances towards girl students and that he has been indulging in his nefarious activities for last some time. Accordingly, the committee found the petitioner guilty. The services of the petitioner were, accordingly, terminated vide order dated June 18, 2003 by the Commissioner in exercise of the power conferred under Notification dated December 20, 1993 with immediate effect. It was further ordered that the petitioner would be paid pay and allowances for three months, as admissible under the rules, in lieu of the notice period. Further, the Commissioner released a sum of Rs. 8,530/- towards subsistence allowance. The petitioner challenged order of his termination by filing an appeal before the Chairman, (Appellate Authority). The appeal filed by the petitioner was also dismissed and a communication in this regard was sent to him on February 23, 2004. The petitioner challenged the aforesaid order of termination as well as the order of rejecting his appeal by filing an Original Application, before the Central Administrative Tribunal.