The court emphasized the importance of evidence, procedural fairness, and proportionality in disciplinary proceedings, and the need for punishment to be commensurate with the offence.

JUDGMENT

The petitioner was working as the Assistant Teacher in a Government School namely, Office Tilla Higher Secondary School, Bishalgarh. A female student of that school, the name withheld for protecting her identity made a complaint to the head of the institution alleging ’misbehaviour’ of the petitioner when she went to his residence for taking tuition in the early morning on 02.03.2000. A representation was also filed by the Students Federation of India to the Education Minister alleging ’physical assault’ and on the petitioner’s antecedents of similar conducts on 11.03.2000. On confronting such public uproar, the Director of School Eduction by his letter No. F.4(1-2949)-DSE/2000 dated 22.03.2000 had instituted a preliminary inquiry into those allegations. The report of the said preliminary inquiry was submitted by the Dy. Director of Education, West District Zonal office on 11.04.2000. The report observed that:

There is possibility that Sri Sankar Datta, A/T took advantage of the opportunity and misbehaved with ........ (name concealed)

2. Thereafter, the Director of School Education in exercise of the powers conferred by Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the CCS (CC & A) Rules in short, framed the articles of charge against the petitioner by the memorandum No. F.4(1-2949)-DSE/2000 dated 21.06.2000. For purpose of reference, the articles of charge as framed are reproduced hereunder:

Article-I

Shri Sankar Datta, while functioning as Assistant Teacher at Office Tilla Higher Secondary School, Bishalgarh, West Tripura has been accused who accused of being involved in sexual behaviour with one of his female student Smt. Tuhina Ganguly, a student of Class-XI of Office Tilla Higher Secondary School. Sri Datta, Asstt. Teacher was involved in the aforesaid sexual misbehaviour on 2nd March, 2000 A.D. in between the period from 6’ O’ clock to 7 O’ clock in the morning at the residence of Shri Datta situated at Milansangha, Agartala. The fact was reported by the victim to the Asstt. Headmistress, Office Tilla Higher Secondary School who has been acting as the Head of the Institution. The incident caused a resentment among the students of the school and consequent upon this an organized action of lodging complaint took place against Shir Datta on the issue of the Students Federation of India. Consequent upon this a preliminary departmental enquiry was conducted by the Dy. Director of Education, West District Zonal Office, Agartala on the act of sexual misbehaviour with the female student by Shri Dutta, Asstt. Teacher has been prima-facie established.

The above act of sexual misbehaviour with a female student of his School by Shri Sankar Datta, Asstt. Teacher is completely unbecoming on the part of a Government employee engaged in a noble profession of teaching which is a misconduct under the provision of Rule 3 of TCS (Conduct) (Third Amendment) Rules, 1998, r.w. Rule 14 of the CCS (CC & A) Rules, 1965.

Article-II

Shri Sankar Datta while functioning as the Assistant Teacher of Office Tilla Higher Secondary School, Bishalgarh, West Tripura was engaged in taking private tuition of the students reading in his own School. Taking private tuition on the part of an Assistant Teacher working in a Government School as banned by Government Circular No. F.11(18-59)-DSE/96 dated 18.05.1996 and thus taking private tuition is tantamount to violation of Government order and hence a misconduct within the meaning of Rule 3 of TCS (Conduct) (Third Amendment) Rules, 1998, r.w. Rule 14 of the CCS (CC & A) Rules, 1965.

3. By filing a written statement of defence dated 05.07.2000, the petitioner had disputed those articles of charges by contending that he did not commit any misconduct within the ambit of Rule 3 of the Tripura Civil Services (Conduct) Rules, 1988. According to the petitioner, the allegations were made against him a bid to assassinate his character.

4. The undisputed fact is th