Ujjal Bhuyan, J.

This case was heard on 07.03.2017 and today is fixed for delivery of judgment. Accordingly, judgment is being dictated in the open Court.

2. We have heard Ms. R. S. Choudhury and Mr. M. Mahanta, learned counsel for the petitioners and Mr. D. Senapati and Ms. R. Jain, learned counsel for the respondent.

3. This petition has been filed by the Kendriya Vidyalaya Sangathan and its officers assailing the legality and validity of the order dated 01.01.2014 passed by the Central Administrative Tribunal, Guwahati Bench (CAT) in Original Application (OA)No.70/2012 allowing the application filed by the respondent by setting aside the order dated 02.08.2010 whereby the service of the respondent as Vice-Principal of Kendriya Vidyalaya No.1, Kunjaban, Agartala was terminated with immediate effect by exercising power under Article 81(B) of the Education Code of Kendriya Vidyalaya Sangathan. By the said order, CAT also set aside the order dated 29.04.2011 passed by the appellate authority upholding the order of termination and thereafter directed reinstatement of the respondent with back wages.

4. At the relevant point of time, respondent was serving as Vice-Principal of Kendriya Vidyalaya No.1, Kunjaban, Agartala (School). On 12.11.2009, Principal of the School wrote to the respondent stating that it had come to her notice that he had indulged in unusual behavior with girl students of Class-VII D on 11.11.2009 in connection with which written complaint was received on 12.11.2009 regarding his immoral behavior (using vulgar words in the Class, etc). Respondent was asked to explain within two days. It is seen that on the next day itself, i.e., on 13.11.2009, respondent wrote back to the Principal stating that he did not utter any vulgar words and requested the Principal that if anything had come to her notice, he should be informed so that he would be able to take corrective measures.

5. On 13.11.2009, Principal of the School informed the Assistant Commissioner of Kendriya Vidyalaya Sangathan, Silchar that as informed by the Class Teacher, respondent had indulged in unusual behavior with the girl students of Class-VII D on 11.11.2009. Two teachers were directed to investigate the matter and they had submitted their report on 13.11.2009. Principal mentioned that respondent was spoiling the environment of the School and his presence was not suitable for the School.

6. On the basis of such letter, Assistant Commissioner wrote to the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi on 19.11.2009 stating that respondent was found to behave immorally in the class as per report of the Principal and his behavior was unruly which was reported in the local newspaper. Suggestion was made that respondent be placed under suspension with immediate effect.

7. Principal in her letter dated 23.11.2009 addressed to the Assistant Commissioner, Kendriya Vidyalaya Sangathan, Silchar submitted preliminary enquiry report. On 24.11.2009, Assistant Commissioner, Kendriya Vidyalaya Sangathan, Silchar passed an order to the effect that complaints were received from the students of Class-VII A and VII D against the respondent regarding his unruly behavior and also regarding immoral sexual behavior. Accordingly, a Committee of three Members was constituted to conduct a summary enquiry and thereafter to submit report.

8. The Committee conducted summary enquiry and submitted its report on 26.11.2009. The report comprised of eight findings. As per finding No.1, views of the staff members were partly against the respondent, partly in favour of the respondent and partly neutral. Hence, it was a mixed reaction. Second finding was that respondent was not sincere in his duties and imposed corporal punishment on the students besides using vulgar words. On the other hand, he behaved well with the staff and the Principal of the School. As per finding No.3, respondent used to beat the students and indulged in sexual harassment of girls. He never taugh