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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
Ishwarbhai Karsanbhai Vankar – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. termination based on allegations of misconduct. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for reinstatement and inquiry procedures. (Para 7 , 8) |
| 3. court's reasoning on procedural propriety. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. confirmation of termination and case dismissal. (Para 15 , 16) |
JUDGMENT :
A.S. SUPEHIA, J.
1. The present writ petition is directed against the judgment and order dated 09.12.2014 passed by the Central Administrative Tribunal (for short “the Tribunal”) in Original Application (OA) No.221 of 2011, whereby the Tribunal has rejected the OA filed by the petitioner challenging his termination order dated 15.07.2010 and the order dated 18.01.2011.
2. Serious allegations were levelled against the petitioner, who was serving as a Teacher, by a girl studying in Class VI-B of Kendriya Vidhyalaya, AFS, Vadodara (for short ”the KV”). The girl had made a complaint to her mother about the indecent behaviour of the writ petitioner and accordingly, an Inquiry Committee was constituted in view of the complaint registered by the mother of the girl student. The Inquiry Committee was constituted by the Assistant Commissioner vide order dated 27.02.2009 and the inqui
The court upheld the termination of a teacher for misconduct involving indecent behavior towards a minor, emphasizing that due process was satisfied through a preliminary inquiry per Article 81(B) of....
The court held that the Tribunal erred in concluding that the respondent's actions did not amount to sexual misbehaviour, affirming the appropriateness of termination under Article 81(B) of the Educa....
Termination of a teacher for serious misconduct towards a minor is justified when procedural fairness is upheld and the inquiry is thorough.
The court upheld the termination of a teacher for immoral conduct against a minor, emphasizing the serious nature of such allegations and adherence to disciplinary procedures.
The Court emphasized the importance of not interfering with departmental proceedings at a premature stage and affirmed the authority to impose penalties post superannuation.
Summary domestic inquiry under special notification valid for teacher sexual misconduct cases protecting girl students; natural justice met via document perusal and cross-examination opportunity; bia....
The dismissal of a teacher for moral turpitude was upheld as the inquiry followed due process and justified the charges against him.
Disciplinary proceedings must adhere to established procedures, including notice and opportunity to defend, to ensure compliance with natural justice.
Disciplinary termination based on invalid Internal Committee lacking NGO member under POSH Act, 2013, plus criminal acquittal on identical facts, vitiates proceedings; quashing with continuity of ser....
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