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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

O R D E R

D.B.CIVIL WRIT PETITION NO.17259/2011

D.B.CIVIL MISC. STAY APPL.NO.15954/2011

(Rajeev Kumar Paliwal

VS.

Navodaya Vidyalaya Samiti and Ors. )

Dated :19.12.2011

HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I

HON'BLE MR. JUSTICE MAHESH BHAGWATI

Mr. CB Sharma, for the petitioner.

***

REPORTABLE

BY THE COURT:(PER HON'BLE BHAGWATI,J.)

By way of the instant writ

petition, the petitioner has beseeched to

quash and set aside the order dated 13^th

July, 2011 (Annexure-5) whereby the

Central Administrative Tribunal, Jaipur

Bench, Jaipur dismissed the Original

Application No.179/2010 filed by the

petitioner-applicant and further implored

to grant the relief as prayed by him with

all consequential benefits.

2.

Adumbrated in brief, the facts of

the case are that the petitioner was

appointed on the temporary post of

Trained Graduate Teacher (T.G.T. Hindi)

by Navoday Vidhyalaya Samiti vide order

dated 22^nd June, 1995. Pursuant to this

appointment order, he joined at Jawahar

Navodaya Vidhyalaya, Bundi on 1^st July,

1995. His services were made permanent

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vide order dated 17^th June, 1998 and

thereafter continuously worked with the

respondent. The petitioner while posting

at Jawahar Navodaya Vidhyalaya (J.N.V.)

Sitapura, Bundi, was also assigned to

work as Warden of boys Hostel in addition

to his teaching work. It is alleged that

the respondent No.5-Principal-Jawahar

Navodaya Vidhyalaya, Sitapura, Bundi

lodged the FIR with Police Station,

Taleda alleging that the petitioner made

sexual advances towards Ms. Laxmi Saini a

Class VII student. On the charge of

sexual offence or exhibition of immoral

sexual behaviour towards his student Miss

Laxmi Saini and on account of FIR having

been lodged against him, he was placed

under suspension and after the conclusion

of the inquiry, his services were

terminated with immediate effect.

3.

The applicant-petitioner preferred

a departmental appeal against the order

of termination and the appellate

Authority

i.e.

Commissioner

also

dismissed the appeal.

4.

On the other side, the police

commenced the investigation and having

found the allegations to be false, after

completion of investigation, gave Final

Report in the case. The petitioner

alleged that a false case was planted

with malafides against him at the behest

of Principal-Jawahar Navodaya Vidhyalaya,

Sitapura, Bundi and the police found the

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report to be false and gave the Final

Report, yet the disciplinary authority

conducted the enquiry summarily and found

him guilty and the competent authority

terminated his services with one month's

pay in lieu of notice.

5.

Aggrieved with this order, the

petitioner filed the Original Application

No.179/2010

before

the

Central

Administrative Tribunal, Jaipur Bench,

Jaipur and the Tribunal also, having

found no merit therein, dismissed the

same.

6.

Heard the learned counsel for the

petitioner and carefully perused the

relevant material on record including the

impugned order.

7.

Learned counsel for the petitioner

canvassed that the petitioner was nowhere

entailed in any such incident and he was

innocent.

8.

The fact is that the news of

exhibition of immoral sexual behaviour

was published in the newspaper, hence,

the management of institution conspired

against him and the Principal of Jawahar

Navodaya Vidyalaya with the aid of girl

student, cooked up a false story and made

him a scape-goat.

9.

The petitioner endeavoured to

bring home all these facts on record but

the disciplinary authority in view of the

notification dated 20^th December, 1993

issued by Navodaya Vidyalaya Samiti, drew

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summary proceedings and sans conducting

any proper enquiry, punished the

petitioner and imposed the penalty of

termination fro