RATAN SINGH KOLI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the judgment and order of the Tribunal whereby the Tribunal has dismissed the OA preferred by the applicant-petitioner herein.

(2.) Briefly stated the facts of the case as alleged by the petitioner are that his services have been terminated under Article 81(a) of the Education Code for Kendriya Vidyalaya Sangathan (KVS) on the allegation that the Disciplinary Authority was satisfied with the summary report submitted by a committee on the basis of which the petitioner was held guilty of moral turpitude involving sexual offence and exhibit of immoral sexual behaviour towards the Ex-Computer Teacher (on contractual basis) of Kendriya Vidyalaya, Nasirabad and the competent authority, therefore, dispensed with the regular enquiry under CCS (CCA) Rules, 1965 and exercising power under Article-81(a) of Education Code for KVS terminated services of the petitioner. An appeal was also preferred by the petitioner against the order passed by the Disciplinary Authority but to no effect. The petitioner also filed Writ Petition before the Jaipur Bench of the Rajasthan High Court and the High Court dismissed the petition with liberty to file OA before the Tribunal. The petitioner submitted the OA contending that the order passed by the Disciplinary Authority is stigmatic in nature. The petitioner has not been afforded an opportunity of hearing. Thus, the impugned order is in violation of principles of natural justice and against the provisions of Article 81(a) of the Education Code of KVS. It is also submitted that the petitioner was not supplied with the copy of the complaint and report of summary enquiry or the show-cause notice. As such, the principles of natural justice and principles of audi-alteram-partem have been violated.

(3.) Counsel for the petitioner has taken us to the evidence and contended that the petitioner has completed 19 years of service and has been terminated simply on the mere allegation of the lady who was working on contractual basis and there is clear violation of the Supreme Court decision in Kendriya Vidyalaya Sangathan Vs. Arun Kumar Madhavrao Sinddhhaye and Anr., (2007) 1 SCC 283 wherein it has been observed as under: