ORDER :

1. The present petitioner has approached this Court directly under Article 32 of the Constitution, seeking diverse reliefs. Essentially, his grievance is with respect to the order of removal issued by his employer, the respondent Kendriya Vidayalaya Sangathan (hereafter referred to as “KVS”), terminating him from its services with effect from 21.07.2008.

2. Barring essential facts, an elaborate discussion is unnecessary in view of the judgment and relief that the Court would be granting. Briefly, the petitioner joined KVS on 05.11.1981. Whilst working with the KVS in its school, the petitioner was apparently elected as an office bearer of the employees’ association, i.e. as Assistant General Secretary (of the Hqs). Inter se disputes with respect to who held the position of General Secretary arose which became the subject matter of proceedings, in the Civil Court at Tis Hazari, Delhi. The KVS apparently took the position that it would act in accordance with the order of the court dated 03.07.2004. The petitioner alleges that he was again elected as the Assistant General Secretary HQ. He alleges that in this capacity as an office bearer of the Association, he was instrumental in exposing irregularities involving defalcation with school funds, including, but not limited to purchase of books and equipment such as computer and other electronic items. Some minor disciplinary proceedings appear to have been initiated against him on 12.04.2007 and a show-cause notice was issued, to which he replied.

3. The petitioner claims that his endeavors showed results inasmuch as the Assistant Commissioner of the KVS at Bhopal received an audit report dated 27.02.2008 stating that the purchase of books and computers were irregular. The petitioner then mentions some RTI queries made and copies of documents elicited by him which the KVS refused altogether. Eventually, in compliance with the order of the Central Information Commissioner, some information was provided.

4. On 05.05.2008, the KVS HQs issued an order transferring the petitioner from Kendriya Vidyalaya, Devas, M.P. to Kendriya Vidyalaya, Kargil (J&K). He was relieved from his post almost forthwith, i.e. 06.05.2008. The petitioner addressed representations to the Commissioner, KVS on 21.05.2008 asking him for cancellation of the transfer orders. Since the petitioner did not join the place of his posting, a communication was addressed to him by the Assistant Commissioner, Bhopal on 09.06.2008, citing provisional loss of lien under Article 81(d)(iii) of the KVS Educational Code. He protested this but the representation was later rejected on 18.06.2008. Apparently, on the next date, he initiated a satyagraha and later proposed a hunger strike. The Assistant Commissioner, Bhopal, on 03.07.2008 issued a show-cause notice as to why disciplinary action and penalty ought not to be resorted to for omitting to join the place where he was transferred i.e. Kargil. The petitioner was asked to show cause within ten days.

5. On 21.07.2008, the petitioner was removed from the services of the KVS. The order of removal reads as follows:

“Kendriya Vidyalaya Sangathan

Bhopal Region

Opp.Maida Mills Bhopal 462011

F.2-4(MLK)/81(d)/2008/KVS(BPL)4709

Dated: 21/07/2008

Registered A.D./

Speed post

ORDER

Whereas, Shri M.L. Kajodia, PRT was transferred under Para 8(iv)of transfer guidelines effective from 14.03.2006 and amended from time to time, from KV Dewas to KV Kargil on administrative ground vide Order No.F.11046/1/ (AG)/2008/KVSHQ/(Estt.II)dated 05.05.2008 by KVS, Hqrs, New Delhi and he was relieved in the afternoon of 06.05.2008 from KV Dewas but he had not reported to KV Kargil till date.

Whereas, Shri M.L. Kajodia has not reported to Kendriya Vidyalaya Kargil and remained on un-authorized absent for a period of more than one month. He was issued a show cause notice under article 81(d)(3)of Education Code vide this office Memorandum|no.2-4/2008/KVS/BPL/3592 dated 09.06.2008, communicating him that he is deemed t