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2022 Supreme(Ori) 54

S.MURALIDHAR, A.K.MOHAPATRA
Assistant Commissioner (oftg), – Appellant
Versus
Padmalochan Mohanty – Respondent


Advocates Appeared:
Mr. Budhadev Routray, Senior Advocate, for the Appellant; Mr. Jayadev Sengupta, Advocate, for Opposite Party No.1 and Mr. P. K. Parhi, Assistant Solicitor General Of India for Proforma Opposite Party No.2, for the Respondent.

JUDGMENT

Dr. S. Muralidhar, CJ. - This writ petition challenges an order dated 29th January, 2009 of the Central Administrative Tribunal, Cuttack Bench, Cuttack (CAT) allowing OA No.246 of 2008 filed by the Opposite Party No.1 and directing a de novo inquiry to be held within a period of 90 days.

2. While directing notice to issue in the present petition on 14th January 2010, this Court stayed the direction of the CAT for a de novo enquiry.

3. The background facts are that Opposite Party No.1 was a Trained Graduate Teacher (TGT) of the Kendriya Vidyalaya School (KVS) at Baripada. A complaint was made by mother of one of the students to the Principal against the Opposite Party No.1 on 21st July, 2007 alleging that Opposite Party No.1 had misbehaved with her daughter, a student of Class-VI, who had told her mother that Opposite Party No.1 had done 'wrong things with her' during tuition hours at her residence on 11th July, 2007.

4. Consequent of the complaint, the Principal KVS, Baripada immediately called some staff members including the complainant and Opposite Party No.1 for a discussion. Opposite Party No.1 is stated to have accepted his guilt and given a written apology on 21st Jul

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