ORDER:

In this writ petition, the petitioner is seeking a writ of mandamus declaring the action of the respondents in terminating the services of the petitioner with immediate effect by Proceedings No.262/B3/KGBV/JN/2022, dated 25.05.2022, as illegal, arbitrary, unconstitutional and also in violation of principles of natural justice, apart from being colorable exercise of power and to set aside the same and consequently to direct the respondents to reinstate the petitioner into service with all consequential benefits including the back wages and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner had applied for the post of Hindi Teacher consequent to the notification issued by the respondents for appointment as Contract Residential Teachers (CRT) in Kasturiba Gandhi Balika Vidyalaya (KGBV) in the year 2011. The petitioner was selected and appointed as Hindi Teacher and posted to Kasturiba Gandhi Balika Vidyalaya at Raghunathpally by appointment orders dated 18.08.2011.

Thereafter, the petitioner claims to be working in the said school without any complaint and while so, she was placed as incharge as Special Officer of Kasturiba Gandhi Balika Vidyalaya, Raghunathpally. It is submitted that though the petitioner had expressed her unwillingness for the said post, she was asked to continue as Special Officer, Kasturiba Gandhi Balika Vidyalaya, as the other seniormost teachers were unwilling to assume duties as incharge as Special Officer of the subject school. It is submitted that the petitioner suffered from health problems and sought medical leave from 11.04.2022 and underwent surgery on the same day and continued to be on leave up to 25.04.2022 and joined her duties on 26.04.2022. However, vide impugned orders dated 25.05.2022, the services of the petitioner were terminated on the ground that some students have made some complaints against the petitioner and an enquiry was purportedly conducted against the petitioner. The alleged complaints against the petitioner are that (i) the petitioner has not taught Hindi subject and had regularly used mobile phone in the institution;

(ii) the menu was not followed and poor quality of food material was used;

(iii) not provided sufficient food quantity;

(iv) Chicken Curry was being served once in a month instead of four times a month;

Allegedly, a preliminary enquiry was conducted and report was given that the allegations against the petitioner are proved and hence, it was decided to terminate her services.

Challenging the said action, the present writ petition has been filed.

3. The contentions of the petitioner are that (i) Smt.Hemalatha, CRT, Telugu, appears to have instigated some students to make false complaint against the management of KGBV;

(ii) the complaints are not against the petitioner, but are against the entire management;

(iii) the petitioner as well as the other teachers have complained against Smt.Hemalatha for making false allegations against the petitioner, requesting to take action against her;

(iv) the alleged enquiry has been conducted hurriedly even without looking into the records nor verifying the facts with the teachers;

(v) no notice was given to the petitioner of any enquiry nor was petitioner served with any charge memo making clear and specific allegations of charges against the petitioner nor was the explanation sought for against the same;

(vi) the petitioner was never called for the alleged enquiry nor was it conducted in her presence and the copy of the inquiry report was also not served on the petitioner calling for her explanation, but the respondents District Collector and Ex- officio Chairman had straightaway come to the conclusion to terminate the services of the petitioner.

Therefore, the allegations are false and the order of termination is without any basis and is in violation of principles of natural justice.

4. It is further submitted that on the report of th