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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
VINIT KUMAR MATHUR, RAVI CHIRANIA
. – Appellant
Versus
Special Secretary Cum Vice-Chairperson (KVS), New Delhi – Respondent
| Table of Content |
|---|
| 1. facts of the case and initial allegations (Para 1 , 2) |
| 2. arguments by the petitioner (Para 4) |
| 3. court observations on evidence and allegations (Para 6 , 7 , 8 , 11) |
| 4. ratio decidendi supporting termination (Para 9 , 10 , 12 , 13) |
| 5. final conclusion and dismissal of writ petition (Para 14 , 15 , 16 , 17) |
JUDGMENT :
1. The present writ petition has been preferred by the petitioner against the order dated 28.8.2024 passed by the learned Central Administrative Tribunal, Jaipur (hereinafter referred to as the learned tribunal) whereby the learned tribunal has rejected the original application filed by the petitioner against the order dated 16.10.2015 passed by the disciplinary authority whereby the petitioner has been terminated from the services.
2. The facts in nut shell are that initially the petitioner came to be appointed as Primary Teacher in the respondent – Kendriya Vidyala Sangthan, Jaipur Region vide appointment order dated 15.1.1990. On 6.2.2015, a complaint was lodged against the petitioner regarding immoral sexual harassment and misbehavior with a child ‘A’. Consequently, vide order dated 7.2.2015, a committee was constituted to inquire into the allegations
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.
Termination of a teacher for serious misconduct towards a minor is justified when procedural fairness is upheld and the inquiry is thorough.
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....
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....
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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