KENDRIYA VIDHYALAYA SANGTHAN Vs. M L MUDGAL

JUDGEMENT

(1.) THIS is an appeal filed against the judgment of the learned single Judge allowing the writ petition of the respondent-Madan Lal Mudgal, who had been selected for being appointed as Primary Teacher in the Kendriya Vidhyalaya Sangthan (Ahmedabad Region ). According to the respondent, he joined the service at Udaipur and, thereafter, in August, 1980 he was transferred to Jaipur in the same Institution.

(2.) A complaint was filed on 27. 12. 1981 against the respondent for assault and outraging the modesty of a minor girl student on 26. 12. 1981. The said complaint was forwarded to the Assistant Commissioner, who sent the same to the Commissioner reporting about immoral behaviour of the respondent. Thereafter, the Commissioner directed that Asstt. Commissioner to make a detailed inquiry. In pursuance of the order of the Commissioner, the. Asstt. Commissioner made a detailed enquiry and found the respondent guilty of exhibition of sexual behaviour towards girl student Kusum Wadhwa. This followed dismissal of the respondent, which had been challenged by means of the writ petition giving rise to this appeal

(3.) THE appeal was admitted on 24. 1. 1992, to which objection had been raised by Mr. Joshi, learned counsel for the respondent. He contended that a caveator is entitled to be heard on merits before its admission. That submission does not appear to us to be correct. Section 148-A of the Code of Civil Procedure was added by the Code of Civil Procedure (Amendment) Act, 1976. THE purpose of that amendment is as follows: - "clause-53 - Under the Code, sometimes a party obtains an ex parte order on an application without informing the other party of his intention to make such an application. Where a party, with a view to preventing such ex parte orders being passed, intimates to the Court of his intention to have notice at an intended application by the adverse party, he may be authorised to do so. New Section 148-A is being inserted to provide for a caveat. "