IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9439 of 2011 ====================================================== Anil Kumar Jha, son of Sri Baidya Nath Jha, Ex- Yoga Teacher (Terminated), Kendriya Vidyalaya, Danapur Cantonment, P.S. Danapur, District- Patna (Bihar) .... .... Petitioner/s Versus 1. The Union Of India through the Vice Chairman, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi- 110016 2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi- 110016 3. The Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Officer, Bhubneshwar, Orissa 4. The Principal, Kendriya Vidyalaya No.2, C.R.P.F., Bhubneshwar, Orissa 5. The Principal, Kendriya Vidyalaya, Danapur Cantonment, P.S. Danapur, District- Patna (Bihar) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr R.S. Roy, Sr. Advocate Mr M.P.Dixit, Advocate For the Respondent/s : Mr. Gopal Krishna Agrawal, Advocate ====================================================== 2 09-09-2011 Heard learned counsel for the petitioner and learned counsel for the respondent Kendriya Vidyalaya Sangathan. A perusal of the impugned order dated 22.7.2009 whereby O.A. No.194 of 2003 preferred by the petitioner has been dismissed shows that petitioner was dismissed from service as Yoga Teacher at Kendriya Vidyalaya No.2, CRPF, Bhubneshwar by order dated 9/10.4.2002 (Annexure 6) passed by the Commissioner of Kendriya Vidyalaya Sangathan. That order discloses that prima facie, the petitioner was found guilty of mortal Patna High Court CWJC No.9439 of 2011 (2) dt.09-09-2011 2 turpitude involving exhibition of immoral and sexual behaviour towards a girl student of class VII of the said school. The order clearly mentions that the Commissioner was satisfied from the preliminary/ summary enquiry reports submitted by the Assistant Commissioner, Kendriya Vidyalaya Sangathan (RO), Bhubneshwar, statement of the victim girl student, other students of the Vidyalaya, teachers, parents and the Principal of the Vidyalaya that the petitioner was guilty of the aforesaid immoral and sexual behaviour towards a girl student. The Commissioner has further recorded his satisfaction that it was not expedient to conduct regular enquiry as required by the CCS (CCA) Rules, 1965 because the same may cause serious embarrassment to the said student and her parents. As such regular enquiry was dispensed with. Being satisfied with the evidence on record establishing the guilt of the petitioner, the Commissioner came to a conclusion that continuance of the petitioner as Yoga Teacher in a co- educational institution like Kendriya Vidyalaya was prejudicial to the interest of the students and the Vidyalaya. The Commissioner after recording the aforesaid facts and satisfaction referred to his powers under article 81 (b) of the Education Code for Kendriyala Vidyalaya and invoking the same he terminated the service of the petitioner with immediate effect Patna High Court CWJC No.9439 of 2011 (2) dt.09-09-2011 3 but with a direction that the petitioner will be paid pay and allowances for one or three months as the case may be, as admissible under the rules. The impugned order of the Tribunal further discloses that the appellate authority in paragraph 6 of the order has recorded his own satisfaction about the allegations. He heard the version of the victim girl and further held that the petitioner was not able to produce any evidence to support his claim of a conspiracy hatched against him. The Tribunal has also noticed several judgments relevant to the issue and also judgment of the Supreme Court in the case of Avinash Nagra v. Navodaya Vidyalaya Samiti, (1997) 2 SCC 534. A similar provision available in respect of Navodaya Vidyalaya was invoked and the action was found justified by the Apex Court. Learned counsel for the petitioner submitted that article 81 (B) provides that the Commissioner shall keep the Chairman of the Sangathan informed of the circumstances leading to such termination of services. He has raised a new plea that the order of termination contained in Anenxure-6 does not appear to have been sent to the Chairman of the Sangathan although its copy was sent to the petitioner and some others. Patna High Court CWJC No.9439 of 2011 (2) dt.09-09-2011 4 No doubt, the Commissioner is required to keep the Chairman informed of the circumstances where termination of services takes place under the provision of article 81 (B) but there is no further stipulation that the information must be given simultaneously while passing order against the concerned employee or it must be given within a specified period. Clearly the stipulation is not such which can invalidate the order of termination only because there was no simultaneous information given to the Chairman of the Sangathan. In fact, the stipulation appears to be directory and such information can be forwarded to the Chairman of the Sangathan even in due course. It is also clear that the stipulation in question does not create any right in the petitioner or the employee and even if the information is given after a lapse of time, it cannot cause any prejudice to the employee. We are not required to reiterate what has been incorporated in judgment by the Supreme Court in the case of Avinash Nagra (supra) but it may be mentioned that the Supreme Court has considered the important role a teacher plays in shaping the career and future of the students and has the status of a loco parentis. When the conduct of the teacher like in the present case is unbecoming of the requirement of a loco parentis, the Patna High Court CWJC No.9439 of 2011 (2) dt.09-09-2011 5 stipulation denying regular enquiry cannot be faulted with. We find no merit in this writ petition. It is accordingly dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)