VIRENDER SINGH Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) Instant petition filed under Art. 226 of the Constitution of India lays challenge to order dated 5.7.2011 (Annexure P-6), whereby services of the petitioner as Physical Education Teacher (in short, 'PET') on PTA basis at Government Middle School, Jangla, came to be terminated pursuant to enquiry conducted by Deputy Director of Elementary Education, Chamba, District Chamba, on his own complaint.

(2.) Precisely the facts of the case, as emerge from the record are that the petitioner was given appointment as a PET by respondent No.4 on 2.11.2006. On 22.3.2011, petitioner on account of his alleged maltreatment and mental harassment by some of his colleagues, lodged complaint with the SDM Bhattiyat, District Chamba, (Annexure P-2), which initially came to be enquired into by Principal of the School concerned. In the aforesaid complaint, petitioner besides alleging mental harassment also alleged that on 21.3.2011, he reached school late on account of illness but he was not permitted to mark his attendance with a view to harass him. Besides above, petitioner also alleged that staff of school oftenly threatened to get him ousted from the school, as a result of which he is under great mental stress. Since the petitioner was not satisfied with internal enquiry conducted by Principal of school concerned, matter subsequently came to be enquired into by Deputy Director of Elementary Education, Chamba, District Chamba, on his own request, as is evident from Annexure P-3. Deputy Director of Elementary Education after having conducted enquiry concluded in his report dated 14.6.2011 (Annexure P-4) that since conduct of the petitioner was not satisfactory, his continuation in the School concerned will not be in the interest of school. Besides this, Deputy Director of Elementary Education also observed that the conduct of petitioner was not good and he remained wilfully absent on 23.3.2011, 26.3.2011, 28.3.2011 and 31.3.2011.

(3.) Pursuant to aforesaid enquiry conducted by Deputy Director of Elementary Education, Chamba, Principal GSSS Parchore, District Chamba, under whose control, Government Middle School, Jangla falls, directed respondent No.4 to immediately dispense with the services of the petitioner, vide order dated 27.6.2011 (Annexure P-5). In compliance of aforesaid order, President SMC vide order dated 5.7.2011 Annexure P-6 terminated the service of the petitioner from the post of PET in Government Middle School, Jangla. In the aforesaid backdrop, petitioner approached this Court, praying for following reliefs: