JUDGMENT

Lok Pal Singh, J. - By means of present writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction quashing the penalty order dated 12.03.2019 passed by respondent no.3 and the order dated 03.07.2019 passed by Under Secretary of the office of respondent no.1.

(ii) Issue directions commanding the respondents to immediately reinstate the petitioner in service.

(iii) Issue directions commanding the respondents to provide all the consequential benefits including the arrear of pay during the period from 23.05.2018 to the date of reinstatement the petitioner in service.

2. Brief facts of the case, as culled out from the writ petition, are that the petitioner was appointed as music teacher in National Institute for the Visually Handicapped at Dehradun, now called as National Institute for the Empowerment of Persons with Visual Disabilities (hereinafter to be referred as the NIEPVD) in the year 2005. On 05.04.2018, a complaint was submitted before the Principal, Model School for Visually Handicapped by a student of class VII (name withheld) stating that he has been molested by the petitioner on 05.03.2018 in 3rd period. The complainant alleged that he has been often going to the petitioner's class even when it was not his music period. On the aforesaid date, he was all alone with the petitioner missing his sports period. He alleged that the petitioner tried to sodomize him before this also in train when the students and the petitioner were returning from Jaipur on 13.02.2018. He shared the incident of molestation with his senior students. He also stated that the petitioner has molested his one other classmate also in the month of February. On receiving the complaint, the Principal reported the same to the second respondent on 06.04.2018. On the information so received from the Principal NIEPVD, the second respondent, vide an office order dated 09.04.2018, appointed Shri Virendra Singh, Braille Development Officer, as Inquiry Officer to enquire into the matter and submit the report within a week's time. Thereafter, the Inquiry Officer, issued a letter dated 10.04.2018 to the petitioner to appear before him on 11.04.2018. During the course of enquiry, the petitioner was apprised about the allegations levelled against him, which was denied by the petitioner. Before the inquiry officer, petitioner submitted that the complaint has been lodged at the instigation of some other person with some ulterior motive. The inquiry officer submitted the preliminary enquiry report on 08.05.2018 observing that prima facie the allegations made against the petitioner are found true. Thereafter, the petitioner was served with a charge-sheet dated 22.05.2018 wherein following two charges were levelled against him:-

(i) That Master Aditya Bhargra, a student of class VII complained that Shri Ramesh Chand Kashyap, Music Teacher, molested him on 5th March, 2018. The said student has further alleged that Mr. Kashyap had earlier also tried to sodomize him in train when he was returning with students from Jaipur on 13th Feb 2018. Master Aditya Bahgra also mentioned in his complaint that Shri Ramesh Chand Kashyap has molested Master Deepanshu Palival, his classmate also, in the month of February, 2018. Master Deepanshu has himself mentioned about his molestation in his note dated 06.04.2018. That the petitioner has failed to maintain absolute integrity, devotion to duty and also acted in a manner is unbecoming of a public servant in contravention of Rule 3(1)(i), 3(1)(iii) of the CCS (Conduct) Rules, 1964.

(ii) That Shri Ramesh Chand Kashyap, Music Teacher called Master Aditya Bhagra on 5th March, 2018 in 3rd period when Mr. Kashyap molested the said student. As the 3rd period for Class VI students was for sports, calling the said student to his room for music session unauthorisedly without permission of the sports teacher or the Principal, demonstrates that Mr. Kashyap had malafide intention of molesting this student when