Case Note & Summary
The writ petition was filed by a former teacher of Kendriya Vidyalaya Sangathan challenging the order of the Central Administrative Tribunal which had rejected his original application against termination. The petitioner's services were terminated under Article 81(B) of the Education Code for Kendriya Vidyalaya on grounds of moral turpitude involving sexual offence against a girl student. The petitioner contended that the termination was arbitrary as no full-fledged enquiry was conducted, that the show cause notice was delayed and unsigned, that the committee was improperly constituted, and that Article 81(B) itself violated Article 14 of the Constitution. The respondents argued that the Sangathan is an autonomous body governed by its Education Code, which empowers the competent authority to terminate employees in cases of moral turpitude without following the regular CCS (CCA) Rules procedure. They highlighted that a preliminary and summary enquiry were conducted, a show cause notice was issued, and the petitioner was given an opportunity to represent, making it compliant with principles of natural justice. The petitioner had also raised the issue of caste-based discrimination, but the respondents maintained that the redressal mechanism for SC/ST employees was irrelevant. The case involved sensitive allegations of sexual harassment, and the court anonymized the names of the complainant and student. The judgment, however, as provided, does not include the final decision or reasoning of the court, ending abruptly during the submissions of the respondents' counsel.
Issue of Consideration
Whether Article 81(B) of Education Code for Kendriya Vidyalaya is ultra vires Article 14 of the Constitution of India; Whether the termination of services of the petitioner without a full-fledged enquiry violated principles of natural justice; Whether the summary enquiry and show cause notice afforded adequate opportunity to the petitioner
Law Points
- Article 81(B) of Education Code for Kendriya Vidyalaya allows termination without regular enquiry for moral turpitude involving sexual offence
- principles of natural justice require at least a summary enquiry with notice and opportunity to defend
- Article 14 of Constitution prohibits arbitrary state action
- mutatis mutandis application of CCS (CCA) Rules
Case Details
2016 LawText (BOM) (06) 12
Writ Petition No. 2625 of 2014
V.D. Sapkal, K.B. Chaudhari, S.B. Deshpande
Gokul s/o Rajaramji Ingle
Union of India through Vice Chairman, Kendriya Vidyalaya Sangathan; Commissioner, Kendriya Vidyalaya Sangathan; Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region; Mrs. Savita Job, Principal, Kendriya Vidyalaya, Yevatmal
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the order of the Central Administrative Tribunal which dismissed the original application of the petitioner, and seeking quashing of the termination order and declaration that Article 81(B) of the Education Code is unconstitutional.
Remedy Sought
Petitioner sought reinstatement in employment, quashing of the termination order dated 1 November 2011, and a declaration that Article 81(B) of the Education Code is ultra vires Article 14 of the Constitution.
Filing Reason
Aggrieved by the termination of his services on alleged grounds of moral turpitude involving sexual offence against a girl student, and subsequent rejection of his appeal and original application by the CAT.
Previous Decisions
Original Application No. 217/2013 dismissed by Central Administrative Tribunal, Bombay Bench at Mumbai on 8 May 2013; earlier, services terminated by Commissioner on 1 November 2011; appeal against termination rejected.
Issues
Whether Article 81(B) of Education Code for Kendriya Vidyalaya is ultra vires Article 14 of the Constitution of India.
Whether the termination of the petitioner's services without a full-fledged enquiry violated principles of natural justice.
Whether the summary enquiry and show cause notice issued to the petitioner provided adequate opportunity to defend.
Whether the committee constituted for enquiry was in violation of Article 159 of the Education Code.
Whether the termination order was arbitrary and non-application of mind.
Submissions/Arguments
Petitioner: Service record was unblemished; falsely implicated due to groupism and castism; enquiry conducted behind back; show cause notice did not contain charges or material; statements not shown; committee constituted with five members instead of three as per Article 159; Article 81(B) dispenses with enquiry thereby violating natural justice; principles of natural justice must be followed even in sexual harassment cases as held in Prof. Manohar Dhonde case; affidavits of parents proving innocence ignored.
Respondents: Kendriya Vidyalaya Sangathan is an autonomous body under Societies Registration Act; Education Code governs service conditions; Article 81(B) empowers termination without regular CCS (CCA) enquiry for moral turpitude; preliminary and summary enquiries conducted; show cause notice issued on 9 June 2011; petitioner submitted representation for SC/ST redressal mechanism under Article 159 which was irrelevant; opportunity to defend was given; CAT order correctly upheld termination.
Judgment Excerpts
Article 81 [B] of the Education Code for Kendriya Vidyalaya is ultra vires to Article 14 of the constitution of India.
The principles of natural justice cannot be divorced from any enquiry, more so when the conclusions of the enquiry are likely to impose penal consequence or civil liability.
As per Article 81 [B] of the Education Code, respondent no.2 is empowered to take action under the said Article without holding regular enquiry as provided under CCS [CCA] Rules, 1965, and terminate the services.
Procedural History
Complaint against petitioner dated 21.12.2010; preliminary enquiry by Principal; summary enquiry by committee; show cause notice dated 09.06.2011 served on 17.08.2011; termination order dated 01.11.2011; appeal rejected; Original Application No. 217/2013 filed before CAT, Bombay Bench, dismissed on 08.05.2013; writ petition filed in 2014; heard on 21.04.2016; reserved for judgment; pronounced on 07.06.2016.
Acts & Sections
- Education Code for Kendriya Vidyalaya: Article 80, Article 81(B), Article 159
- Central Civil Services (Classification, Control and Appeal) Rules, 1965: Not expressly cited, but referenced as CCS (CCA) Rules, 1965
- Constitution of India: Article 14
- Societies Registration Act, 1860: Not expressly cited, but mentioned as Act XXI of 1860
