Gujarat High Court
Ishwarbhai Karsanbhai Vankar vs Union Of India on 6 August, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17987 of 2015
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ISHWARBHAI KARSANBHAI VANKAR
Versus
UNION OF INDIA & ORS.
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Appearance:
MR KEYUR A VYAS(3247) for the Petitioner(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
MR PY DIVYESHVAR(2482) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 4,5,6
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 06/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present writ petition is directed against
the judgment and order dated 09.12.2014 passed by
the Central Administrative Tribunal (for short
"the Tribunal") in Original Application (OA)
No.221 of 2011, whereby the Tribunal has rejected
the OA filed by the petitioner challenging his
termination order dated 15.07.2010 and the order
dated 18.01.2011.
2. Serious allegations were levelled against the
petitioner, who was serving as a Teacher, by a
girl studying in Class VI-B of Kendriya
Vidhyalaya, AFS, Vadodara (for short "the KV").
The girl had made a complaint to her mother about
the indecent behaviour of the writ petitioner and
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accordingly, an Inquiry Committee was constituted
in view of the complaint registered by the mother
of the girl student. The Inquiry Committee was
constituted by the Assistant Commissioner vide
order dated 27.02.2009 and the inquiry was
conducted on 05.03.2009 and 03.04.2009 and the
Committee submitted its report on 08.04.2009 to
the Assistant Commissioner, who in turn submitted
its report to KVS (Head Quarter) vide his Office
Letter dated 28.04.2009.
3. Accordingly, since there were various
shortcomings, the matter was remitted back on
07.08.2009 to the Assistant Commissioner for
following the due procedure under the provisions
of Article 81(B) of the Education Code for
Kendriya Vidhyalaya Sangathan (for short "the
Code for KVS") and accordingly, a summary inquiry
was ordered to be conducted vide letter dated
07.08.2009. Thereafter, the Preliminary Inquiry
Committee was constituted by the order dated
15.09.2009 and the said Committee again conducted
the inquiry on 16.09.2009 and concluded the same
by submitting its report dated 16.09.2009 to the
Principal. The Principal forwarded the
Preliminary Inquiry Report dated 16.09.2009 along
with relevant records to the Assistant
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Commissioner vide letter dated 16.09.2009, who in
turn submitted the report to the KV's
Headquarters vide letter dated 18.09.2009.
4. It is found that during the inquiry, in which
other preliminary school teachers were present,
the Committee orally questioned the girl, after
obtaining written statement from her mother. The
petitioner participated in the inquiry and his
statement was also recorded by the Committee.
Accordingly, the Committee submitted its detailed
report on 07.10.2009 to the respondent No.3 vide
communication dated 09.10.2009, who in turn
forwarded the report to the respondent No.2 by
the letter dated 12.10.2009. The Committee
confirmed in its report that the petitioner has
committed misconduct involving himself in mild to
moderate physical activities like touching the
girl on her back side, hips, shoulders etc. and
reported that the charges of immoral behaviour
levelled against the petitioner were proved.
5. Pursuant to the aforesaid report, a show-
cause notice was issued to the petitioner to
submit his representation, as to why his services
should not be terminated under Article 81(B) of
the Code for KVS vide memorandum dated
26.04.2010. In response to this memorandum, the
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petitioner submitted his representation dated
06.05.2010. On perusal of the records submitted
by the Inquiry Committee and the representation
of the petitioner dated 06.05.2010, the
Commissioner of KVS, by the order dated
15.07.2010 terminated the service of the
petitioner, in exercise of power conferred upon
the Disciplinary Authority under Article 81(B) of
the Code for KVS. The order records that there is
ample proof, which would indicate that the
petitioner's behaviour with the minor girl was
improper and indecent.
6. Against the said order dated 15.07.2010
passed by the Commissioner of KVS, the petitioner
presented the appeal, which was also rejected by
the Appellate authority vide order dated
18.01.2011. Being aggrieved by the order of the
Disciplinary authority and the order of the
Appellate authority dated 15.07.2010 and
18.01.2011 respectively, the petitioner filed
Original Application No.221 of 2011 before the
Tribunal and prayed for quashing and setting
aside the said orders, for his reinstatement in
service, and for holding the regular departmental
inquiry. The Tribunal, after hearing the learned
advocates appearing for the respective parties,
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by a comprehensive order dated 09.12.20214
rejected the Original Application filed by the
petitioner, which has given rise to the present
petition.
7. Learned advocate Mr.Vyas appearing for the
petitioner has submitted that the impugned order
of termination as well as the order passed by the
Tribunal is required to be quashed and set aside
since no regular departmental inquiry was held
before terminating the petitioner. In support of
his submission, he has placed reliance on the
judgement of the Delhi High Court dated
16.05.2012 in the case of Dr.Pushkar Saxena Vs.
Govt. of NCT of Delhi & Ors. in W.P.(C) No.7592
of 2001. It is also submitted that the petitioner
was not given opportunity to cross examine the
minor during the inquiry. Thus, it is urged that
the inquiry proceedings as well as termination
order is required to be quashed and set aside.
Finally, it is submitted that since the
petitioner has completed 22 years of service,
termination order may be set aside so that he can
get some benefits. No further submissions are
advanced.
8. Per contra, learned advocate Mr.Divyeshvar,
while placing reliance on Article 18(B) of the
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Code for KVS has submitted that the said
provision enables the Disciplinary Authority to
dispense with a regular Departmental Inquiry. It
is submitted that in the present case, looking to
the age of the minor girl and conduct of the
petitioner, who was a teacher, a preliminary
inquiry was held, in which the petitioner was
given ample opportunities to represent his case.
It is submitted that the minor girl had
categorically described the outrageous conduct of
the petitioner towards her and thus, it is urged
that the termination of the petitioner from
service, as confirmed by the Tribunal, may not be
set aside.
9. We have heard the learned advocates for the
respective parties and also perused the findings
of the Preliminary Inquiry Committee and the
impugned judgement and order passed by the
Tribunal.
10. The aforementioned facts are not in dispute.
Initially, the Preliminary Inquiry Committee
conducted an inquiry and submitted its report on
16.09.2009 to the Assistant Commissioner of the
KVS. However, it appears that due to lacuna of
Article 81(B) of the Code for KVS, a Committee
was constituted. Thereafter, preliminary inquiry
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was held, in which the petitioner was allowed to
be participated in the statement of the minor
girl and statements of other students were also
recorded, including the mother of minor girl who
was studying in Class VI-B. We have perused the
Inquiry Officer's Report. A bare perusal of the
same reveals that the minor has categorically
described the disgraceful and despicable conduct
of the petitioner, who was her teacher. The
Committee comprising of 03 members, after holding
the inquiry, concluded that the petitioner was
responsible for his indecent behaviour with the
minor student and after considering the same, the
Committee vide its report dated 09.10.2009, held
that the allegations levelled by the mother of
the minor girl and minor girl herself of indecent
conduct of the petitioner were proved. Thus, it
was held that the petitioner had committed
misconduct involving himself in mild to moderate
physical activities like touching the girl on her
back side, hips, shoulders etc. and also she has
reported described immoral behaviour of the
petitioner with her.
11. In light of the aforesaid findings and by
invoking provisions of Article 81(B) of the Code
for KVS, the regular departmental inquiry was
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dispensed with. Article 81(B) of the Code for KVS
reads as under:
"81(B) Termination of services of an employee found guilty
of immoral behaviour towards students :
where the Commissioner is satisfied after such a summary
enquiry as he deems proper and practicable in the
circumstances of the case that any member of the Kendriya
Vidyala is prima-facie guilty of moral turpitude involving
sexual offence or exhibition of immoral sexual behaviour
towards any student, he can terminate the services of that
employee by giving him one month's or three month's pay
and allowances accordingly as the guilty employee is
temporary or permanent in the service of the Sangathan. In
such cases, procedure prescribed for holding enquiry for
imposing major penalty in accordance with CCS(CCA) Rules,
1965 as applicable to the employees of the Kendriya
Vidyalaya Sangathan, shall be dispensed with, provided
that the Commissioner is of the opinion that it is not
expedient to hold regular enquiry on account of
embarrassment to student or his guardians or such other
practical difficulties. The Commissioner shall record in
writing the reasons under which it is not reasonably
practicable to the reasons under which it is not
reasonably practicable to hold such enquiry and he shall
keep the Chairman of the Sangathan informed of the
circumstances leading to such termination of services.
Note: Wherever and as far as possible, a summary inquiry
in the complaint of immoral behaviour by a teacher towards
the students of Kendriya Vidyalayas may be got
investigated by the complaints Redressal Committees
constituted in the Regional offices."
12. A bare perusal of the provisions of Article
81(B) of the Code for KVS would reveal that the
Commissioner on his satisfaction and after a
summary inquiry, as he deems proper and
practicable in the circumstances of the case to
the effect that any member of the Kendriya
Vidhyalaya is prima facie guilty of moral
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turpitude involving sexual offence or exhibition
of immoral sexual behaviour towards any student,
he can terminate the services and in such cases,
procedure prescribed for holding enquiry for
imposing major penalty in accordance with CCS
(CCA) Rules, 1965 as applicable to the employees
of the Kendriya Vidhyalaya Sangathan, shall be
dispensed with,
13. In the present case, we completely agree with
the decision of the Commissioner in dispensing
with inquiry by invoking provisions of Article
81(B) of the Code for KVS since it was not a fit
case in which a minor girl could have been
subject to further grilling by the petitioner in
regular departmental inquiry, which would have
impacted her mental as well as physical health.
The Tribunal, after considering the facts of the
case and nature of the misconduct, ultimately,
rejected the Original Application.
14. The judgement, on which reliance is placed by
learned advocate Mr.Vyas in the case of
Dr.Pushkar Saxena (supra), will not come to the
rescue of the petitioner, more particularly in
light of the provision of Article 81(B) of the
Code for KVS, as the same is not discussed by the
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Delhi High Court looking to the facts of that
case.
15. Hence, neither we find any infirmity or
illegality in the action of the respondents in
terminating the service of the petitioner nor we
find that the Tribunal has committed any
illegality in confirming the order of
termination.
16. In light of the foregoing observations, the
present writ petition fails. The same is hereby
dismissed. Rule is discharged.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(R. T. VACHHANI, J)
sompura & NVMEWADA/5
