RAJIV KUMAR PALIWAL Vs. NAVODAYA VIDYALAYA SAMITI

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 13th July, 2011 (Annexure-5) whereby the Central Administrative Tribunal, Jaipur Bench, Jaipur dismissed the Original Application No.179/2010 filed by the petitioner-applicant and further implored to grant the relief as prayed by him with all consequential benefits.

(2.) Adumbrated in brief, the facts of the case are that the petitioner was appointed on the temporary post of Trained Graduate Teacher (T.G.T. Hindi) by Navoday Vidhyalaya Samiti vide order dated 22nd June, 1995. Pursuant to this appointment order, he joined at Jawahar Navodaya Vidhyalaya, Bundi on 1st July, 1995. His services were made permanent vide order dated 17th June, 1998 and thereafter continuously worked with the respondent. The petitioner while posting at Jawahar Navodaya Vidhyalaya (J.N.V.) Sitapura, Bundi, was also assigned to work as Warden of boys Hostel in addition to his teaching work. It is alleged that the respondent No.5-Principal-Jawahar Navodaya Vidhyalaya, Sitapura, Bundi lodged the FIR with Police Station, Taleda alleging that the petitioner made sexual advances towards Ms. Laxmi Saini a Class VII student. On the charge of sexual offence or exhibition of immoral sexual behaviour towards his student Miss Laxmi Saini and on account of FIR having been lodged against him, he was placed under suspension and after the conclusion of the inquiry, his services were terminated with immediate effect.

(3.) The applicant-petitioner preferred a departmental appeal against the order of termination and the appellate Authority i.e. Commissioner also dismissed the appeal.