IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.603 of 2026 In the matter of an application under Articles 226 & 227 of the Constitution of India, 1950.

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1. Kendriya Vidyalaya Sangathan, represented thorough it’s Vice Chairman.

2. Commissioner, Kendriya Vidyalaya Sangathan.

3. Deputy Commissioner, Kendriya Vidyalaya Sangathan.

4. Assistant Commissioner, Kendriya Vidyalaya Sangathan.

5. Principal, Kendriya Vidyalaya No.1 (2nd Shift), Unit-IX, Bhubaneswar …. Petitioners -versus-

1. Sri Binaya Kumar Das

2. Registrar, Central Administrative Tribunal, Cuttack Bench, Cuttack …. Opposite Parties Advocates Appeared in this case For Petitioners - Mr.Hrusikesh Tripathy Advocate For Opp. Parties - Mr.J.K. Rath, Sr. Advocate With Mr.D.N.Rath & A. Pal Advocates for O.P.1 on caveat.

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CORAM MR. JUSTICE KRISHNA SHRIPAD DIXIT MR. JUSTICE CHITTARANJAN DASH -----------------------------------------------------------------------------------------

Date of Hearing & Judgment : 16.03.2026 -----------------------------------------------------------------------------------------

PER KRISHNA S DIXIT, J Kendriya Vidyalaya Sangathan, a society registered under the provisions of Societies Registration Act, 1860 and its officials are knocking at the doors of the Writ Court for laying a challenge to the order dated 14.11.2025 whereby the Central Administrative Tribunal, Cuttack having favoured O.A. No.260/00356 of 2022, has quashed disciplinary action levied on the OP No.1 and the order affirming it on Appeal coupled with a direction to treat him as continuing in service till attaining the age of superannuation and to grant terminal benefits, except back wages, within 180 days.

2. BRIEF FACTS OF THE CASE:

2.1. OP No.1, a Post Graduate Teacher (Chemistry) had allegedly perpetrated acts of sexual abuse against a Girl Student in the School. Parents had lodged FIR, pursuant to which he was arrested, and later enlarged on bail vide order dated 11.02.2016. Kharvel Nagar PS Case No.24/2016 that was registered on 14.01.2014, came to be converted into T.R. No.5/2016 by the learned Ad hoc Additional Sessions Judge, Fast Track Special Court (POCSO), Bhubaneswar pursuant to the Charge-Sheet filed after police investigation.

2.2. Since police custody of OP No.1 was beyond 48 hours, he suffered deemed suspension w.e.f 14.01.2016 vide formal order dated 18.01.2016. After being released, his suspension was revoked and he was posted to another K.V. at Sirkakulam. A Preliminary Enquiry done with the participation of OP No.1 resulted into an adverse report, on which a Summary Inquiry was constituted. This was put in challenge by the OP No.1 in O.A. No.41/2017. The Tribunal, vide order dated 20.01.2017, directed deferring of the Inquiry till after his representation was considered. The Commissioner, KVS, vide order dated 23.02.2017, rejected the representation and later paved way for the Summary Inquiry vide order dated 08.03.2017.

2.3. The above order of the Commissioner, KVS was put in challenge by the OP No.1 in OA No.137/2017, which was negatived reserving liberty to him to await outcome of the Disciplinary Proceeding vide order dated 06.02.2019. The interim interdiction order was also vacated. In the full-fledged Disciplinary Inquiry, he was found guilty of the charges. The Disciplinary Authority, in its order dated 28.06.2021, made under Article 81(B) of the Kendriya Vidyalaya Education Code, terminated his services directing payment of wages in lieu of compliance with notice period. This was done after recording dissatisfaction, where it said: ‘…it was not expedient to hold an Inquiry on account of serious embarrassment to be caused to the student or guardian or such other practical difficulties’.

2.4. In the meanwhile, learned Fast Track Special Court (POCSO), Bhubaneswar, after holding trial entered a judgment and order of acquittal dated 30.09.2021 in T.R. No.5/2016. OP No.1 had made this order one as of the grounds in the Departmental Appeal stating that it was a case of