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 service ordered.

Headnote:(A) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Section 4 - Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 14 - Navodaya Vidyalaya Samiti Notification dated 20.12.1993 - Disciplinary proceedings - Termination of service of teacher on allegation of immoral sexual behaviour towards minor girl student - Internal Committee constituted from school teachers without including member from non-governmental organization as mandated under Section 4(2)(c) of Act, 2013 - Acquittal in criminal case under POCSO Act on same facts - Summary trial under special notification without adhering to mandatory ICC composition - Proceedings vitiated for violation of principles of natural justice and statutory requirements - Impugned termination order and appellate rejection quashed - Employee treated as continuing in service with full pay benefits. (Paras 29-36)

(B) Disciplinary proceedings - Effect of acquittal in criminal case - When charges, evidence, witnesses and circumstances identical in both proceedings, upholding departmental punishment unjust, unfair and oppressive - Reliance on Ram Lal v. State of Rajasthan (2024) 1 SCC 175 and Maharana Pratap Singh v. State of Bihar (Civil Appeal No.5497/2025). (Paras 26-28)

(C) Principles of natural justice - Bias - Repeated appointment of same officer as convener in multiple inquiry committees despite objection raises apprehension of bias - Failure to supply documents, conduct ex-parte inquiries and appoint presenting officer - Violation renders proceedings illegal. (Paras 3,15-16)

Facts of the case:
Applicant, a post-graduate teacher, appointed in 1996, terminated vide order dated 05.05.2020 by invoking special notification for moral turpitude involving alleged immoral sexual behaviour towards Class VIII girl student on 01.01.2019 - Complaint withdrawn next day as false - Multiple committees (school level, cluster level, summary trial) found guilt - Appeal rejected on 07.10.2021 - Applicant acquitted in criminal case on 03.11.2021 for lack of evidence - Challenged termination alleging procedural violations, biased committee composition and non-compliance with POSH Act, 2013.

Findings of Court:
Internal Committee not constituted per Section 4 of POSH Act, 2013 lacking independent NGO member - Action based on invalid inquiry reports - Acquittal in criminal case on identical facts renders departmental findings unsustainable - No remand needed due to time lapse since 2019; treat as continuous service with full pay.

Issues: Validity of termination under special summary procedure without POSH Act-compliant ICC; effect of criminal acquittal on disciplinary action; compliance with natural justice principles including unbiased committee and document supply.

Ratio Decidendi: Disciplinary proceedings relying on inquiry by committee contravening Section 4 of POSH Act, 2013 are illegal - Acquittal in criminal case on same facts quashes departmental punishment where proceedings substantially similar - Special notifications cannot override statutory ICC requirements.

Result: Original Application allowed - Impugned orders quashed - Reinstatement with continuity and full pay benefits within 180 days.

Table of Content
1. oa filed challenging termination orders. (Para 1 , 2)
2. violations of natural justice in proceedings. (Para 3 , 8 , 15 , 16 , 17 , 19 , 20)
3. termination and appeal rejection upheld internally. (Para 4 , 5 , 6 , 11)
4. criminal acquittal impacts disciplinary action. (Para 7 , 18 , 21 , 22 , 28)
5. respondents defend inquiry proving misconduct. (Para 9 , 10 , 12)
6. supreme court precedents support summary procedures. (Para 13 , 14)
7. applicant cites cases on procedural fairness. (Para 23)
8. acquittal quashes similar disciplinary punishment. (Para 24 , 26 , 27)
9. posh act mandates proper icc constitution. (Para 29 , 30 , 31)
10. invalid committee voids nvs summary trial. (Para 32 , 33 , 34)
11. orders quashed; reinstatement with continuity. (Para 35 , 36)
12. oa allowed without costs. (Para 37)

O R D E R

SUDHI RANJAN MISHRA, MEMBER (J):

1.This O.A. has been filed by the applicant under Section, 19 of the Administrative Tribunals Act, 1985 with the following prayers:

i) To quash the Order Dated 05.05.2020 and dtd.07.10.2021 (Annexure-A/4 and A/6) passed by the Respondents holding that the same is against the law.

ii) To pass appropriate orders directing the Departmental Respondents to re-instate the applicant in his service, and grant him all consequential benefits retrospectively.

iii)To pass such other orders/ directions calling for the relevant records from the Respondents as are deemed just and proper in the facts and circumstances of the case and allow the Original Application with cost.”

2. The facts of the case are that the applicant was appointed as PGT (Biology) and joined on 11.04.1996 in Jawahar Navodaya Vidyalaya(JNV), Shyampur, Madhyapradesh and performed his duty at different places in India. While he was working as PGT (Biology) (JNV), Sonitpur, Assam, a charge was framed against the applicant basing upon a false complaint dated 14.03.2019 before respondent No.4 by a girl student of Class-VIII with an allegation of Moral Turpitude involving exhibition of immoral sexual behavior. Thereafter, respondent No.4 had given intimation to the Superintendent of police District- Biswanath, Biswanath Chariali, Assam, which was subsequently registered as P.S. Case No.58/2019. In the meantime, on 15.03.2019, again the complainant submitted an application with the signature of her parents to the respondent No.4 for withdrawal of the complaint lodged against the applicant by confessing that she had made a false allegation against the applicant which was again intimated to the local police authorities by the Principal (JNV), Sonitpur, Assam.

3. It is submitted by the learned counsel for the applicant that after the complaint lodged by the complainant, an Internal Complaint Committee was formed by the disciplinary authority. During the inquiry, the applicant was neither informed to appear before the committee nor supplied with the relevant documents relating to the disciplinary proceeding against him in spite of his repeated request but only allowed to submit his statements. It is further submitted that the Disciplinary Authority for summery trail and in that review committee Ms. Shyamaleema Deka, Asst. Commissioner, NVS, RO Shillong, was again appointed as the 1st member of the committee, which is contrary to law of the land and against Rule 3C of CCS (Conduct) Rules, 1964 and Rule 14 of the CCS (CCA) Rules, 1965 and violation of principle of natural justice. During entire proceeding against the applicant no appointment of enquiry officer as well as presenting officers by the disciplinary authority. The applicant submitted an application on 11.09.2019(A/3) for change of the review committee member Ms. Shyamaleema Deka, Asst. Commissioner, NVS, RO Shillong, as because of repetition of the committee, for which natural justice cannot be provided to any person, but the case of the applicant has not been considered. In that letter the applicant has drawn the attention of the Commissioner JNVS, Head Quarter at Noida, Uttar Pradesh

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2026 Supreme(Online)(CAT) 5528

CENTRAL ADMINISTRATIVE TRIBUNALSudhi Ranjan Mishra, Member (J), Pramod Kumar Das, Member (A)Harekrushna Giri – AppellantVersusUnion of India – RespondentO.A.

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 service ordered.

Cases Referred (5)

CENTRAL ADMINISTRATIVE TRIBUNAL
Sudhi Ranjan Mishra, Member (J), Pramod Kumar Das, Member (A)
Harekrushna Giri – Appellant
Versus
Union of India – Respondent
O.A.