Hon'ble BHAGWATI, J.—By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 13th July, 2011 (Annexure-5) whereby the Central Administrative Tribunal, Jaipur Bench, Jaipur dismissed the Original Application No.179/2010 filed by the petitioner-applicant and further implored to grant the relief as prayed by him with all consequential benefits.

2. Adumbrated in brief, the facts of the case are that the petitioner was appointed on the temporary post of Trained Graduate Teacher (T.G.T. Hindi) by Navoday Vidhyalaya Samiti vide order dated 22nd June, 1995. Pursuant to this appointment order, he joined at Jawahar Navodaya Vidhyalaya, Bundi on 1st July, 1995. His services were made permanent vide order dated 17th June, 1998 and thereafter continuously worked with the respondent. The petitioner while posting at Jawahar Navodaya Vidhyalaya (J.N.V.) Sitapura, Bundi, was also assigned to work as Warden of boys Hostel in addition to his teaching work. It is alleged that the respondent No.5-Principal-Jawahar Navodaya Vidhyalaya, Sitapura, Bundi lodged the FIR with Police Station, Taleda alleging that the petitioner made sexual advances towards Ms. Laxmi Saini a Class VII student. On the charge of sexual offence or exhibition of immoral sexual behaviour towards his student Miss Laxmi Saini and on account of FIR having been lodged against him, he was placed under suspension and after the conclusion of the inquiry, his services were terminated with immediate effect.

3. The applicant-petitioner preferred a departmental appeal against the order of termination and the appellate Authority i.e. Commissioner also dismissed the appeal.

4. On the other side, the police commenced the investigation and having found the allegations to be false, after completion of investigation, gave Final Report in the case. The petitioner alleged that a false case was planted with malafides against him at the behest of Principal-Jawahar Navodaya Vidhyalaya, Sitapura, Bundi and the police found the report to be false and gave the Final Report, yet the disciplinary authority conducted the enquiry summarily and found him guilty and the competent authority terminated his services with one month's pay in lieu of notice.

5. Aggrieved with this order, the petitioner filed the Original Application No.179/2010 before the Central Administrative Tribunal, Jaipur Bench, Jaipur and the Tribunal also, having found no merit therein, dismissed the same.

6. Heard the learned counsel for the petitioner and carefully perused the relevant material on record including the impugned order.

7. Learned counsel for the petitioner canvassed that the petitioner was nowhere entailed in any such incident and he was innocent.

8. The fact is that the news of exhibition of immoral sexual behaviour was published in the newspaper, hence, the management of institution conspired against him and the Principal of Jawahar Navodaya Vidyalaya with the aid of girl student, cooked up a false story and made him a scape-goat.

9. The petitioner endeavoured to bring home all these facts on record but the disciplinary authority in view of the notification dated 20th December, 1993 issued by Navodaya Vidyalaya Samiti, drew summary proceedings and sans conducting any proper enquiry, punished the petitioner and imposed the penalty of termination from service, which is disproportionate to the gravity of the charges levelled against him.

10. Learned counsel further canvassed that the petitioner was treated by the disciplinary authority as temporary employee and treating him as a temporary employee, his services were terminated with one month's notice pay, without conducting the proper enquiry. The Appellate Authority also did not consider his arguments raised in appeal and rejected the same against the provisions of Rule 27 of C.C.S.(C.C.A) Rules, 1965.

11. Learned counsel further canvassed that the enquiry was not conducted against the petitioner under CCS(CCA) Rules, 1965, hence, th

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