Summary domestic inquiry under special notification valid for teacher sexual misconduct cases protecting girl students; natural justice met via document perusal and cross-examination opportunity; bias not proved by official capacity impleadment; dismissal upheld as proportionate.

O R D E R

PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

1. Initially, this OA was filed on 05.06.2023 for quashment of the penalty order dated 12.09.2022 (Annexure – A1). At the time of filing this O.A., the departmental appeal preferred by the applicant was pending. During pendency of the petition, the appeal was also decided. Therefore, the applicant filed MA No.109/2024 which was allowed on 06.03.2024 and the challenge against the appellate order dated 26.10.2023 (Annexure – A21) was also included. At present, the reliefs claimed by the petitioner in amended OA dated 01.04.2024 are as under:-

“(a) Call for records of the case from the respondents and on perusal.

(b) Quash and set aside the impugned penalty Order passed in F No.8-3/(1)/2019-NVS(E.III)/27307-10 dated 12.9.2022 (Annexure A1) passed by the second respondent.

(c) Quash and set aside the appellate order bearing No. 8-3(1)/2019-NVS(E.III) dated 26.10.2023 (Annexure A21) passed by the third respondent and consequently issue a direction to the respondents to reinstate the applicant into service with all consequential benefits including the back wages, service seniority and other benefits.

(d) Grant such other relief/s as this Hon’ble Tribunal deems fit to grant to the applicant in the circumstances of the case including an order as to costs of this OA in the interests of justice.”

2. Facts of the Case

a) The applicant was appointed as Arts Teacher on 25.03.1995 at Jawahar Navodaya Vidyalaya, Koraput, Orissa. Thereafter, he was transferred on 04.08.2001 to Jawahar Navodaya Vidyalaya, Mundargi, Gadag district and he joined on 04.08.2001.

b) A written complaint regarding moral turpitude involving exhibition of immoral sexual behaviour towards girl students was received against the applicant and respondents conducted a fact finding enquiry in which the allegations were found proved. Thereafter, in exercising the power confirmed under the provision of Notification No. 14-2/93-NVS (Vig.) dated 20.12.1993 a Summary Trial Committee was constituted in which the following Members were included:-

 Mrs. Kiran Chandra, Ex-Dy Commissioner (Trg), NVS, Hqrs – Convenor

 Shri A.B. Bharadwaj, Ex-Asst Commissioner (Acad), NVS, Hqrs – Member

 Shri S. Chandrashekharan, Ex-Asst. Commissioner (Trg) NVS, Hqrs – Member

c) The Committee submitted the Report dated 04.03.2013 in which the applicant was found guilty. Therefore, his services were terminated vide order dated 16.04.2013 (Annexure – A5).

d) The applicant challenged the aforesaid order before the CAT, Bangalore Bench by filing OA No.285/2014 which was dismissed on 02.06.2014.

e) Against the dismissal of the aforesaid OA, the applicant filed a writ petition before the Hon’ble High Court of Karnataka, Kalaburagi Bench. The aforesaid Writ Petition No.205259/2014 (S-CAT) was decided by the High Court on 12.03.2019 and the High Court observed that serious allegations were levelled against the petitioner and the major penalty has been imposed therefore, applicant was entitled to adduce evidence and cross-examination of the official respondents, even though examination and cross-examination is not permissible in respect of girl students in a matter of sexual harassment. Thereafter, the High Court quashed the Tribunal order dated 02.06.2014 passed in O