( 1 ) BY way of this petition under Arts. 226 and 227 of the Constitution of india, the petitioner Kandla Port Trust has challenged the judgment and order dated 23. 9. 1996 passed by the Second Gujarat Secondary Education Tribunal setting aside the order dated 13/14. 12. 1976 removing Respondent No. 1, Shri K. R. Chauhan from service.

( 2 ) BRIEF facts giving rise to the present Special Civil Application are that Bharatiya vidya Mandir, New Kandla is a registered private school run by Kandla Port Trust, gandhidham which is a public trust. The respondent Shri K. R. Chauhan was appointed as assistant Teacher on a probation for a period of two years with effect from 17. 11. 1969. While he was still under probation on 23. 4. 1971, the Disciplinary authority, namely, the secretary, Kandla Port Trust, served a memorandum dated 23. 4. 1971 informing him of proposed inquiry under Regulation 12 of the Kandla Port Employees (Classification, control and Appeal) Regulations, 1964. The allegations on which the enquiry was proposed to be held were set out in the statement of allegations enclosed with the said memorandum. It is alleged that the respondent while functioning as Assistant Teacher in the Port Trust school misbehaved with certain girl students as per the facts given in the statement and as such he conducted himself in the manner unbecoming of a teacher of a school and an employee of the Port Trust. The respondent submitted reply to the said notice on 29. 4. 1971 denying the allegations. The respondent demanded inspection of certain documents referred to in the reply. He also submitted that it would be difficult to reply to the charges levelled against him unless he is furnished with the said documents. The respondent had asked to furnish him copy of (1) the complaint of Kum. Bhagwanti Kalyani (2) complaint of Kum. Kamala (3) complaint of Kum. Chandrika Mulpuri, (4) complaint of Kum. Vijya (5) report of the Headmaster of Port High School (6) any memo issued against him (7) regulation No. 12 of K. P. Employees Act, 1964. By another letter dated 6. 8. 1971 respondent No. 1 asked to supply copy of the annual examination programme for the year 1970-71 of Kandla School along with the duty chart of the teachers and/or examinees of the said examination. The Enquiry Officer examined six witnesses, namely : (1) Kum. Bhagwanti Kalyani (2) Shri K. J. Kalyani (3) Kum. Kamala Naraindas (4) Shri Naraindas Changrani (5) Shri J. H. Thacker, Headmaster (6) Kum. Vijaya Naranji Thacker.

( 3 ) KUM. Bhagwanti Kalyani in her oral statement confirmed that what she had stated in her letter dated 12. 4. 1971 was true. The witness also stated about the second incident where Mr. Chauhan is alleged to have gesticulated at her and the gestures were peculiar. She also stated that when she was going down through the stairs and Mr. Chauhan going up through the stairs he touched her with his elbow and attempted to pull the handkerchief which was in her hand and further expressed how good she was and he would remember her for ever. She was cross-examined by Mr. Chauhan. On a question put by Mr. Chauhan to her, she replied that the time of incident on the staircase was 9. 30 a. m. and there was p. T. examination on that day. Another witness Shri K. J. Kalyani, father of Kum. Bhagwanti Kalyani stated that his daughter had reported the improper conduct of Mr. Chauhan. Some of the other girl students also came to him making similar complaints which related to immorality of Mr. Chauhan. He was also cross-examined by Mr. Chauhan. Other witnesses also made statements almost in the same lines and Mr. Chauhan was also given an opportunity of cross-examining them. The Enquiry Officer also considered defence of Mr. Chauhan to the effect that the allegations were false and fabricated at the instance of Shri Kalyani as he did not like any qualified teacher in the school. He always thought that if any qualified teacher joins, his chance of becoming headmaster w