IMPORTANT POINT
Guidelines for disciplinary action, complaint mechanism and complaints committee have to be implemented.

JUDGMENT

S.B. Sinha, J. —

1.Leave granted.

2.These three appeals arise out of a common judgment and order dated 3rd May, 2006 passed by a Division Bench of the High Court of Uttaranchal at Nainital in Writ Petition No. 398 (S/B) of 2004.

3.In Pithoragarh where an army unit is situated, an Army Public School known as Gen. B.C. Joshi Army Public School is being run by a society known as Army Welfare Education Society.

4.Appellant (Brig. D.S. Grewal, hereinafter referred to as ‘Grewal’) in Civil appeal arising out of SLP (C) No.10044 of 2006 is the Chairman of the School Managing Committee while Col. Hitendra Bahadur appellant in Civil Appeal arising out of. SLP (C) No.10143 of 2006 is the Vice Chairman thereof. Chairman, School Managing Committee and others are the appellants in Civil Appeal arising out of SLP (C) No.10046 of 2006.

5.First respondent Vimmi Joshi applied for and was appointed as a Trained Graduate Teacher in Gen. B.C. Joshi Army Public School. She was later on appointed as Post Graduate Teacher (Mathematics). She was confirmed in the said post. She worked as an officiating Principal from 10.2.2003 to 10.8.2003. She was appointed as the Principal of the school from 10.2.2004.

6.Appellant Hitendra Bahadur was a Deputy Commander, 69 Mountain Brigade. He, at the relevant time, was posted at Pithoragarh. While he was stationed at Sonamarg in connection with providing security cover to pilgrims of ‘Amarnath Yatra’, he wrote a letter to the first respondent, the contents whereof read as under :-

“My dearest Vimmi,

Allow me to confess to you that I have fallen in love with you. What a man needs in a woman ? Love, trust and faith, when I look deep into your eyes I find there in abundance. No where in my life I have ever come across a woman where intelligence, appearance, maturity and beauty is so well awarded in one single person as in you. You are no doubt, a very charming and gorgeous woman, beautiful and attractive. You are very magnetic. Always elegantly drew-up, you look very stylist and fashionable with slim and slender body. You appear absolutely fit, intelligent, witty, confident, compassionate and very much in control, you are truly a role model for all young people at you place and most darling friend to me. I adore you from the core of my heart and always value our friendship. You are precious and priceless. May I extend my hands towards you and hold your hands tightly and ask you to lean on my shoulder when ever you need me. It will be a great pleasure.

With lots of love.

Your Sd/-

“H”

7.Allegedly Hitendra Bahadur used to make advances towards respondent No.1. She reported the matter to Grewal. Her father also met him. Allegedly he was abused by Grewal.

8.On or about 12th October, 2004 Grewal addressed a letter to respondent No.1 with respect to her allegations against Hitendra Bahadur. She was allegedly asked to give her complaint in writing stating :-

“1.I am writing to you regarding the allegation made by you against Colonel Hitendra Bahadur, SM, the Deputy Commander of 69 Mountain Brigade.

2.On 27th Sep 04, during the interaction with me in my office at your request, you apprised me that the Deputy Commander has written a letter to you. The letter was shown to me and I observed that the portion at the bottom was torn and there was no name or signature. I asked you as to why the portion was torn but no answer was given.

3.On 09 Oct 04, your father came to my office to meet me. He also made an allegation against the Deputy Commander. You were then asked by Maj Pankaj Bhola, the BM of 69, Mountain Brigade to meet me in my office. The matter was discussed and I directed you to forward the allegation in writing to me by 09 Oct. 04.

4.Till date, the allegation has not been received by me. Hence, I will not take cognizance of the matter.”

9.On or about 25th October, 2004 two anonymous complaints were received by the Managing Committ