BHAGAT ARYA Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by Bhagat Ram Arya assailing the judgement of the Rajasthan Non-Government Educational Institutions Tribunal dated 28.4.1997 and the order passed by the respondent-Maharani Gayatri Devi Girls Public School (hereinafter referred to as 'respondenteducation institution') dated 23.11.1994 by which his services were terminated. Factual matrix of the case is that petitioner was appointed as a Peon with the respondent-education institution vide order dated 7.1.1983 initially for a period of six months from 1.1.1983 to 30.6.1983 on payment of consolidated salary of Rs.330/- per month. It was stipulated therein that his services could be put to an end by notice of one month on either side. Petitioner however continued to serve the respondent-education institution thereafter for more than a decade. Petitioner was placed under suspension by order of the Principal dated 14.10.1994 with the stipulation that a disciplinary enquiry was contemplated against him. He was served with a charge sheet on 17.10.1994. Petitioner submitted a representation to the Principal of the respondent-education institution on 19.10.1994 requesting that the charge sheet served upon him is in english language and since he does not know english, therefore, he should be supplied a charge sheet prepared in hindi language. Resultantly, a charge sheet prepared in hindi language was served upon the petitioner on 20.10.1994. There were three charges contained therein. Charge no.1 was to the effect that petitioner while posted as Peon in the Girls Hostel of the school handed over a birthday card to one Kumari Sonakshi Ray, an inmate of the hostel and a student of 11 th standard on 12.10.1994 while she was coming towards the hostel from school building. This card was given to her by petitioner in the presence of certain other students. Charge no.2 was to the effect that the card given by the petitioner to the said girl contained indecent and objectionable material and words like 'and my love remain with you' and 'sweet something'. On receiving that card, Kumari Sonakshi Ray got a mental shock. A class-IV employee was not accepted to give such a greeting card to an inmate of the hostel. Charge no.3 was to the effect that petitioner by giving such greeting card to Kumari Sonakshi Ray misbehaved with her because he had no personal relation with that girl and neither was he related to her, nor was otherwise acquainted.

(2.) Petitioner submitted reply to the charge sheet on 26.10.1994 wherein he denied the charges and asserted that he was a simple person and was not much educated. He therefore should be given adequate opportunity to defend himself in accordance with principles of law and that defence nominee should be provided to him, was not accepted by the respondent-education institution. Petitioner then submitted a representation to the Principal of the respondent-education institution in which he mentioned that his father was also serving as a Class-IV employee with the same school and that he was born in school premises and was later on employed in respondent-education institution. Since he participated in the activities of the MGD School Employees Association and opposed some of the arbitrary actions of the management, a false case has been registered against him. The allegations are totally baseless. He demanded that information should be given to him as to under which provisions of the MGD Service Regulations 1990, the charge sheet has been served upon him. Petitioner thereafter again on 11.11.94 submitted a detailed reply to the charge sheet.

(3.) The Board of Governors of the respondent-education institution in its extraordinary meeting convened on 17.10.1994 after considering the reply of the petitioner dated 11.11.1994 unanimously decided that it was not in the interest of institution to continue the petitioner in the services. His services were therefore decided to be terminated with effect from 22.11.1994. Simultaneously, outstanding salary for the month of October and November, 1994 in the sum of Rs.2500 and notice pay for six months in lieu of notice amounting to Rs.14,628, thus a total sum of Rs.17,128 was ordered to be paid to the petitioner for which pay order was sent to him with the aforesaid order. Petitioner filed an appeal against the aforesaid order before the Rajasthan Non-Government Educational Institutions Tribunal (for short-'the Tribunal') and the Tribunal by order dated 28.4.1997 dismissed the appeal filed by the petitioner. Hence this writ petition.