Karnataka High Court

Sri Om Prakash Sahu vs Union Of India on 15 February, 2024

Author: P.S. Dinesh Kumar

Bench: P.S. Dinesh Kumar

                                         W.P. No.48378/2018
                               1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF FEBRUARY 2024

                           PRESENT

     THE HON'BLE MR. P.S. DINESH KUMAR, CHIEF JUSTICE

                              AND

  THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

        WRIT PETITION NO.48378 OF 2018 (S-CAT)

BETWEEN:

SRI. OM PRAKASH SAHU
S/O LATE SRI. TILAK SAHU
AGED ABOUT 38 YEARS
TGT HINDI, JAWAHAR NAVODAYA
VIDYALAYA DISTRICT, KARAIKAL
PUDUCHERRY (U.T)
NOW ATTACHED AT JNV DISTRICT
GULBARGA-2 (KALABURAGI-2):585 101
KARNATAKA

PRESENTLY RESIDING AT NATIVE PLACE
ADDRESS OF WHICH IS AT AND POST
SUGNU (SADAR PS)
RANCHI DISTRICT:835 103
JHARKHAND STATE                                  ....PETITIONER

(BY SHRI. P.A. KULKARNI, ADVOCATE)

AND:

1.     UNION OF INDIA
       TO BE REPRESENTED BY ITS SECRETARY
       MINISTRY OF HUMAN RESOURCES DEVELOPMENT
       (DEPARTMENT OF SCHOOL EDUCATION
       AND LITERACY)
       GOVERNMENT OF INDIA
                                             W.P. No.48378/2018
                              2



      NORTH BLOCK
      NEW DELHI-110 001

2.    THE COMMISSIONER
      NAVODAYA VIDYALAYA SAMITI
      B15, INSTITUTIONAL AREA
      SECTOR-62, NOIDA-201 307
      DISTRICT :GAUTAM BUDH NAGAR (UP)

3.    THE DEPUTY COMMISSIONER
      NAVODAYA VIDYALAYA SAMITI
      HYDERABAD REGION
      N.L.I. BUILDINGS, NALAGANDLA ROAD
      POST AND VILLAGE: GOPANPALLY
      RANGAREDDY DISTRICT
      HYDERABAD-500 107
      TELANGANA STATE

4.    THE PRINCIPAL
      JAWAHAR NAVODAYA VIDYALAYA
      DISTRICT KARAIKAL
      PIN CODE:609 602
      PUDUCHERRY (U.T)

5.    THE PRINCIPAL
      JAWAHAR NAVODAYA VIDYALAYA
      KORWAR TALUK
      DISTRICT GULBARGA-2
      (KALABURAGI-2) :585 312
      KARNATAKA STATE

6.    SMT. P. HELEN MARY
      PRINCIPAL
      JAWAHAR NAVODAYA VIDYALAYA
      DISTRICT, KARAIKAL
      PIN CODE: 609 602
      PUDUCHERRY (U.T)                          ...RESPONDENTS

(BY SHRI. B. PRAMOD, CGC FOR R1;
    SHRI. VISHNU BHAT, ADVOCATE FOR R2 TO R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
                                                         W.P. No.48378/2018
                                     3



28.09.2018 IN OA170/490/2017 ANNEXURE-A PASSED BY CAT
BENGALURU     BENCH,    BENGALURU    AND     CONSEQUENTLY
ALLOW THE OA 170/490/2017 WITH A FURTHER DIRECTION TO THE
RESPONDENTS TO CAUSE REINSTATEMENT OF THE PETITIONER INTO
SERVICE FORTHWITH WITH CONTINUITY OF SERVICE AND ALL
CONSEQUENTIAL BENEFITS INCLUDING THE MONETARY BENEFITS
FLOWING FROM THE DATE OF TERMINATION TO DATE OF
REINSTATEMENT.


      THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 07.11.2023 COMING ON FOR PRONOUNCEMENT OF ORDERS
THIS DAY,CHIEF JUSTICE, PRONOUNCED THE FOLLOWING:-


                                  ORDER

This writ petition is presented with following prayers:

"1. Issue a writ in the nature of certiorari or any other writ/order/direction quashing the order dated 28.09.2018 in OA.170/490/2017, Annexure-A passed by CAT Bengaluru Bench, Bengaluru.

2. Allow the OA.170/490/2017 with a further direction to the respondents to cause reinstatement of the petitioner into service forthwith with continuity of service and all consequential benefits including the monetary benefits flowing from the date of termination to date of reinstatement.

3. Pass any other order or direction that this Hon'ble Court may deem it fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity."

2. We have heard Shri. P.A.Kulkarni, learned

Advocate for petitioner, Shri. B.Pramod, learned CGC for

respondent No.1 and Shri. Vishnu Bhat, learned Advocate for

Respondents No. 2 to 6.

3. Brief facts of the case are, while petitioner was

working as Trained Graduate Teacher (Hindi) at JNV1,

Karaikal, Puducherry, he was placed under suspension on the

allegation that he was misbehaving with girl students. After

his suspension, petitioner was shifted to Kalaburagi,

Karnataka. Later, he has been terminated from service vide

order dated 25.08.2017. Petitioner challenged the same

before the CAT2 in O.A. No.170/00490/2017 and it has been

dismissed. Hence, this writ petition.

4. Shri. Kulkarni, for the petitioner, praying to allow

the Writ Petition submitted that:

• the respondents have failed to produce the

summary enquiry proceedings before the CAT;

Jawahar Navodaya Vidyalaya

Central Administrative Tribunal, Bengaluru

• the CAT has erred in recording a prima facie case

against petitioner without any cogent evidence on

record;

• during the summary enquiry proceedings,

petitioner was not given any opportunity to place

his evidence, which is violative of principles of

natural justice;

• Respondent No.6, the Principal of JNV, Puducherry,

has framed petitioner in a false case and she did

not choose to contest the matter;

• on 13.01.2017, when petitioner appeared before

the Assistant Commissioner, Noida, the

Commissioner refused to record his written

submission;

• the CAT has erred in following the decision in

Babban Prasad Yadav3;

• petitioner has never accepted the guilt.

2004 (2) Scale 400

5. Opposing the writ petition, Shri. Bhat, for the

respondents, submitted that:

• in a summary enquiry, three requirements have to

be followed. Firstly, the statements of students

must be recorded. Secondly, procedure prescribed

for holding enquiry for imposing major penalty in

accordance with Central Civil Services

(Classification, Control and Appeal) Rules, 19654

has to be followed. Thirdly, Vishaka Committee

should be formed. In the instant case, all the three

requirements have been complied with;

• petitioner was summoned, his statement was

recorded and thereafter, Committee has submitted

the summary enquiry report.

6. We have carefully considered the rival contentions

and perused the record.

Central Civil Services (Classification, Control & Appeal) Rules

7. Petitioner was working as a trained Graduate

Teacher in Jawahar Navodaya Vidyalaya, Karaikal. He was

alleged of indulging in acts of moral turpitude. After recording

the statements of the students and holding a summary

enquiry, he has been terminated.

8. Shri. Kulkarni's first contention is that CAT has

erred in following Babban Prasad's case. According to him,

petitioner was not given a fair opportunity to defend his case.

9. As per our directions, Shri. Bhat has produced the

original records and we have perused it carefully. The file

contains 11 complaints of girl students studying in

Class - VIII, A & B Sections. They are all addressed to the

Assistant Commissioner, Regional Officer, Hyderabad. The

common allegation in the 11 complaints is that petitioner was

inappropriately touching the girl students. We do not find it

appropriate record the allegations verbatim. Suffice to note

that allegations are serious in nature. The file also contains

the record of proceedings of a summary enquiry, wherein,

petitioner's statements have been recorded in

question and answer form and it contains petitioner's

signature. The Committee has recommended thus:

"The inquiry committee has understood Mr. Om Prakash Sahu has denied all the allegations and charges to defend him from punishment. If one or two children statement against the teacher may be wrong and due to vengeance on teacher. But total girls and boys are witnessed for his charges/allegations framed against Mr. Om Prakash Sahu, TGT (Hindi) and are found true. He has intentionally behaved and abuses the children.

Submitted for further necessary action at you end please."

10. The CAT, while dismissing petitioner's application

has recorded thus:

"5. After going through the pleadings and hearing the arguments in this case, it is clear that the applicant has been terminated from service under the provisions of NVS Notification No. 14-2/1993- NVS(Vig) dated 20.12.1993 which empowers the Director (now the Commissioner), NVS, to order such termination after a summary enquiry. One of the judgments of the Apex Court, quoted in their favour by the respondents, is the case of Babban Prasad Yadav vs. NVS,

reported in 2004 (2) Scale 400. The most relevant part of this judgment is reproduced below:

"7.... All that is required for the Court is to be satisfied that the preconditions to the exercise of power under the said rule are fulfilled. These pre conditions are (1) holding of a summary enquiry: (2) a finding in such summary enquiry that the charged employee was guilty of moral turpitude; (3) the satisfaction of the Director on the basis of such summary enquiry that the charged officer was prima facie guilty; (4) the satisfaction of the Director that it was not expedient to hold an enquiry on account of serious embarrassment to be caused to the student or his guardians or such other practical difficulties and finally; (5) the recording of the reasons in writing in support of the aforesaid."

We find that all these conditions mentioned in the judgment have been fulfilled in this case. An enquiry committee was constituted, which conducted the enquiry and came to the conclusion that the applicant was guilty of the charge of misconduct. The Commissioner has recorded the reasons for dispensing with the regular enquiry. The Rules have given power to the Commissioner, who is the highest authority in the management of this Institution, to take this position and there is nothing on record to show that this decision has been taken on any extraneous considerations. It is also relevant to note here that the applicant did not specifically deny the respondents' averment in para 10 about his having accepted the guilt."

11. The CAT has followed Babban Prasad, wherein, it is

held that conditions mentioned in para 7 of Babban Prasad,

extracted hereinabove, have to be satisfied.

12. Records disclose that a summary enquiry was

conducted and the recommendation of the Committee was

forwarded to the Deputy Commissioner of the Navodaya

Vidyalaya, Hyderabad region on 12.02.2016. As recorded in

communication dated 03.10.2016 by the Deputy

Commissioner to the Commissioner, based on the Principal's

Report, the cluster incharge, Shri. V.Jagadeeshwara Chary,

Assistant Commissioner was deputed to enquire into the

allegations. He has conducted the inquiry on the basis of the