1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR DB CIVIL WRIT PETITION NO. 13210/2010. (Kendriya Vidyalaya Sangathan & Ors. Vs. Shish Ram Jat ) DATE OF ORDER : OCTOBER 18, 2010. PRESENT HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. Praveen Poshwal for Mr. V.S. Gurjar for the petitioner. BY ORDER By filing the instant writ petition th legality of the order dated 27.4.2010 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur ('CAT' for short) in O.A. No. 202/2009 has been questioned. The respondent has assailed the order dated 17.12.2009 whereby a penalty of reduction of pay to one lower stage for a period of one year without cumulative effect and also the order dated 26.2.2009 by which the charge was levelled that the articles valued Rs. 22,490.75/- were found missing. The Tribunal has held that the material documents were not supplied to the respondent though asked for vide letter dated 19.12.08. Reply filed by the delinquent employee 2 was also not taken into consideration and there was in fraction of principles of natural justice. The Executive Committee was competent to institute proceedings or to direct the Principal to institute proceedings against the employee of Vidyalaya as per Article 32 of the CCS (CCA Rules, 1965. The Executive Committee did not authorise the Principal to institute proceedings against the delinquent employee. The learned counsel appearing on behalf of the petitioner submitted that Principal was competent to inflict the penalty which was imposed and that no prejudice was caused due to non-supply of the documents as they were to the knowledge of the delinquent employee as apparent from his application dated 19.12.08. After hearing learned counsel appearing on behalf of the petitioner at length, we are satisfied that no case for interference in the writ petition is made out. Coming to the submission raised by the learned counsel relating to the competence of the Executive Committee to institute the departmental enquiry, Article 34 (g) of the Education Code for Kendriya Vidhyalayas 3 provides as under :- “(g) Discipline and control : The Executive Committee shall be the competent authority under Rule 13 of CCS (CCA) Rules, 1965. It will accordingly have powers to institute proceedings or to direct the Principal to institute proceedings against an employee of the Vidyalaya on whom he is competent to impose penalties under CCS (CCA) Rules, 1965. It is clarified that the Principal has the following disciplinary powers : i) In respect of Group-D staff Full disciplinary powers ii) Post Graduate Teachers Powers to impose minor (Group-B) penalties as laid down in Rule 11 of CCS (CCA) Rules as adopted by KVS iii) Trained Graduate Teachers -do- (Group-C) iv) Primary Teachers (Group-C) -do- v) Other Teachers (Group-C) -do- vi) Non-teaching staff (Group-C) -do-” It is apparent from Article 34(g) that Principal is competent to impose such penalty only if he is directed by the Executive Committee to institute a proceeding against an employee. Nothing could be placed before the Tribunal. We have also directed to the petitioner's counsel to place on record any document in case Executive Committee had authorised the Principle to institute proceedings against the delinquent employee. No such document has been produced. Apart from that the documents which were necessary to be supplied and prayed for to be supplied vide application dated 4 19.12.08 were not supplied to the delinquent employee. A reading of the aforesaid application makes it clear that these documents were necessary for putting pay defence. The Tribunal has rightly concluded that due opportunity was not granted to the delinquent employee to defend himself. Thus, we do not find any ground to interfere in the order passed by the Tribunal. Resultantly, the writ petition being devoid of merit is hereby dismissed. The stay application also stands dismissed. ( MOHAMMAD RAFIQ ) J. ( ARUN MISHRA ) J. mrg.