TMI Blog1993 (10) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that the learned single Judge has erred in interpreting the provisions of Rule 81-b of the Kendriya Vidyalaya Sangthan rules. 3. The submission of Mr. Joshi on behalf of the petitioner-respondent is that the requirement of the provisions of Rule 81-B have not been complied with inasmuch as the summary enquiry was conducted by the Assistant Commissioner and not by the Commissioner and the petitioner was interrogated by the Commissioner. The Commissioner has not applied his mind and no notice was given by the Commissioner before dispensing with the enquiry contemplated under Rule 81-b and no enquiry was conducted and it was only an investigation. 4. The arguments of both the learned Counsel have been heard. The record of the appellant was also produced and it was pointed out that Mr. M.L. Mudgal (Primary Teacher) was a teacher in the Kendriya Vidyalaya Sangthan and was doing the tuition of Kusum Wadhwa (Class VIIIth C) at the rate of ₹ 50/-per month for maths and general science since July, 1981. It was reported by Mr. H.C. Wadhwa, father of Kusum Wadhwa that his daughter was sexually assaulted by Mr. Mudgal on 26th December, 1981. It was decided that the entire in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in writing the reasons under which it is not reasonable practicable to hold such enquiry and he shall keep the Chairman of the Sangathan informed of the circumstances leading to such termination of services. 6. It has been submitted that in accordance with the provisions of Rule 81-b there must be satisfaction of the Commissioner and such satisfaction should be after a summary enquiry as he deems proper and practicable in the facts and circumstances of the case and if that member of the Kendriya Vidyalaya prima facie is found guilty of the moral turpitude involving sexual offence or exhibition of an immoral sexual behaviour towards any student his services can be terminated by giving him three months notice if he is in permanent service of the Sangathan and one month's notice if the employee is temporary. The requirement for following the procedure prescribed for holding enquiry for imposing major penalty in accordance with Central Civil Services (Classification, Control and Appeal Rules, 1965 have been dispensed with. The three conditions which has been given for such dispensation is that the Commissioner who form an opinion that it is not expedient to hold regular enquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made in such a manner so that delinquent officer could get the opportunity for his defence. It was observed that the reasons should be recorded in the order for termination which should be communicated to the Chairman of the Sangathan. So far as the observations with regard to communication of the order of termination to the Chairman which is one of the requirement under rule-81-b we find that it has been duly complied with. The said provision does not contemplate that the reasons should be recorded in the order of termination itself. The application of principles of natural justice could be curtailed by the statute or the rule in the given circumstances. If such circumstance exists then it cannot be said that still the compliance of the principles of natural justice have to be followed. 11. The submission of the learned Counsel for the delinquent officer that after formation of the belief/opinion by the Commissioner and before recording the reasons the principles of natural justice require that the said officer should have been given an opportunity so that his defence could have been submitted and he could prove his innocence. We are of the considered opinion that in the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be further satisfied that it is not reasonably practicable to hold the enquiry. Since limitations have been prescribed for exercising of discretion by the authority the discretion has to be exercised on facts on record. 13. In the present case the rule has contemplated dispensing of the enquiry on account of serious embarrassment of the students or their guardian or such other practicable difficulties. The Commissioner had come to the conclusion of embarrassment to the students as well as their guardians and has taken into consideration the future life of the young unmarried girl The authority relied has to be interpreted on the basis of each case and on account of specific requirement of the rules for dispensing the departmental enquiry and the factors which are to be taken into consideration having made explicit in the provision of rule itself which have duly been complied with by the appellant it has to be held that the discretion which was exercised in the present case was on objective facts on record. 14. A decision of this Court in the case of Hanuman Singh v. State of Rajasthan in S.B. Civil Writ Petition No. 1205/79 decided on 10.9.1990 was also relied by the delinque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e against the Principal, Assistant Commissioner or Commissioner have been alleged or proved and in such a matter the extraordinary writ jurisdiction should not be invoked even if the matter is sought to be challenged on legal points. It is true that discretion to invoke the extraordinary writ jurisdiction is discretionary but the discretion has to be exercised so as to built the character of the nation rather than encourage any person to take shelter of the Court and encourage committing of misconducts on the basis of technical pleas availably. 16. The learned Counsel for the delinquent officer has drawn attention towards the various exhibits by which he wanted to allege that either copies of the documents desired by him were not given to him or that a misconduct has not been committed by him or that he is innocent. Since we are of the considered opinion that the present is not a case fit for invoking extraordinary jurisdiction and the order passed by the learned single Judge was not in accordance with law we are not required to go to the facts of the case. It has been found that the procedure as contemplated by Rule 81 has been followed and there is no irregularity which has be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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