# Satish Chandra Yadav v. Union of India and others

- **Citation:** (2007) 2 ILRA 623
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2005-01-19
- **Case number:** Civil Misc. Writ Petition No.20094 of 2007
- **Bench:** Anjani Kumar, Sudhir Agarwal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/satish-chandra-yadav-v-union-of-india-and-others-40972
- **Pages:** 4

## Headnote

Addl. Solicitor General of India

Kendriya Vidyalay Sangathan-Para 81
(b)-Dismissal
without
Departmental
Enquiry-petitioner
a
P.G.T.
teacher
attempted to outrage modesty of a girl
student-enquiry officer Prima facie found
guilty-of moral turpitude including moral
sexual
behaviour-held-change
very
serious-a teacher should be model for his
pupils-can not be a teacher of such
conduct- No interference called for.

Held: Para 6
624 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
It is not disputed that before passing the
order of termination a summary enquiry
was conducted by the Education Officer
and the Principal of the School jointly
where in the version of the petitioner
was also recorded and thereafter he was
found
prima
facie
guilty
of
moral
turpitude
including
immoral
sexual
behaviour. The charge is very serious,
that too against a person who is
supposed to maintain an exemplary
character, a role model for his pupils.
Thus, in our view such a person cannot
be allowed to continue as a teacher of
the institution.
Case law discussed:
1973 (1) SCC-805

## Text

2 All] Satish Chandra Yadav V. Union of India and others
623
nearly two years, such facts were
withheld from this Court, as no counter
affidavit has been filed. Only when the
Board was cornered and did not have any
plausible reply to the averments made in
the writ petition, that they then applied the
Rule of awarding average marks, which
had been recommended in the inquiry
report submitted 18 months back. It has
been stated that after awarding the
average marks, the petitioner has now
passed the High School Examination,
2004 with first division marks. This is
nothing but a case of gross negligence on
the part of the respondent-Board. A
student, who had actually passed with
good first division marks, was declared
pass with second division marks, and he
was even misinformed by order dated-
19.1.200 that there was no change after
scrutiny. Because of such action of the
Board, the petitioner must have suffered
mental agony, for which he would be
entitled for compensation. This Court
finds that in the present circumstances, an
amount
of
Rs.50,000/-
would
be
appropriate compensation which may be
paid as costs for the loss caused to the
petitioner on account of gross negligence
on the part of the respondent-Board.

5. Accordingly, this writ petition
stands allowed with costs. The order
dated
19.1.2005
passed
by
the
respondent-Board is quashed and the
corrected mark sheet after awarding
average marks in the two papers in which
the answer copies of the petitioner had
been lost, be issued to the petitioner
forthwith, if not already issued. It is
directed that the Secretary, Madhyamik
Shiksha Parishad, U.P., Allahabad shall
ensure that the cost of Rs.50,000/- is paid
to the petitioner by way of Bank draft
through the College from where he had
appeared in the High School Examination
2004, within one month from today. It is
further provided that the respondentBoard shall be at liberty to recover the
said cost from the persons/officials found
guilty of the negligence of losing the
answer copies and further informing the
petitioner that on scrutiny, there had been
no change even when the copies were
missing, but the same may be done only
after giving adequate opportunity of
hearing to the persons concerned.
Petition allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.04.2007

BEFORE
THE HON'BLE ANJANI KUMAR, J.
THE HON'BLE SUDHIR AGARWAL, J.

Civil Misc. Writ Petition No.20094 of 2007

Satish Chandra Yadav
...Petitioner
Versus
Union of India and others ...Respondents

Counsel for the Petitioner:
Sri I.N. Singh
Sri Ajay Yadav

Counsel for the Respondents:
Addl. Solicitor General of India

Kendriya Vidyalay Sangathan-Para 81
(b)-Dismissal
without
Departmental
Enquiry-petitioner
a
P.G.T.
teacher
attempted to outrage modesty of a girl
student-enquiry officer Prima facie found
guilty-of moral turpitude including moral
sexual
behaviour-held-change
very
serious-a teacher should be model for his
pupils-can not be a teacher of such
conduct- No interference called for.

Held: Para 6
624 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
It is not disputed that before passing the
order of termination a summary enquiry
was conducted by the Education Officer
and the Principal of the School jointly
where in the version of the petitioner
was also recorded and thereafter he was
found
prima
facie
guilty
of
moral
turpitude
including
immoral
sexual
behaviour. The charge is very serious,
that too against a person who is
supposed to maintain an exemplary
character, a role model for his pupils.
Thus, in our view such a person cannot
be allowed to continue as a teacher of
the institution.
Case law discussed:
1973 (1) SCC-805

(Delivered by Hon'ble Anjani Kumar, J.)

1. The writ petition arises out of
order dated 5th January 2007 passed by
Central
Administrative
Tribunal,
Allahabad
dismissing
Original
Application No.905 of 1999 preferred by
the petitioner against order of his
dismissal.

2. The petitioner was appointed as
Post Graduate Teacher (Biology) in
Kendriya
Vidyalaya,
I.T.I.
Naini,
Allahabad. A girl student, Km. Akansha
Gupta through her father, made a
complaint against the petitioner that he
attempted to outrage modesty of his
daughter whereupon the Principal of the
School and Education Officer, Kendriya
Vidyalaya Sangathan (Regional Office),
Lucknow jointly made summary enquiry
giving opportunity to the petitioner also
and found the said complaint true.
Exercising power under Para 81 (b)·of
Education Code of Kendriya Vidyalaya,
the Commissioner Kendriya Vidyalaya
Sangathan,
New
Delhi
terminated
services of the petitioner vide order dated
24th December 1998 and his appeal has
been rejected by the Chairman, Kendriya
Vidyalaya Sangathan vide order dated
7.5.1999. The petitioner preferred an
Original Application No.905 of 1999
which has been dismissed by the Tribunal
vide judgment impugned in this writ
petition.

3. Learned counsel for the petitioner
vehemently contended that Para 81 (b) of
Chapter VIII of Education Code of
Kendriya Vidyalaya is pari materia with
proviso to Article 311 (2) of the
Constitution of India and without holding
any regular enquiry, termination of
petitioner is patently illegal, since it is on
an
allegation
constituting
serious
misconduct, therefore, the termination
amounts to punishment.

4. In our view the submission is
thoroughly misconceived inasmuch as
admittedly neither Kendriya Vidyalaya
Sangathan or KendIiya Vidyalaya is a
department of the Government of India
nor the petitioner is holder of a civil post
and, therefore, Article 311 as such is not
applicable in the case. Considering the
nature of institution and its different
requirements, a provision has been made
under the Education Code containing
conditions of service of the teachers of
Kendriya Vidyalaya Sangathan i.e. Para
81 (b) of Chapter VIII which reads as
under:-

"81 (b). Termination of services of
an Employee Found Guilty of Immoral
Behaviour towards students.

Wherever
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, Vidyalaya is
2 All] Satish Chandra Yadav V. Union of India and others
625
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
3
months'
pay
and
allowances
according 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 serious embarrassment to the
student or his guardians or such other
practical difficulties. The commissioner
shall record in writing the reason; 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 service."

5. It provides for termination of
service of an employee found guilty of
immoral behaviour towards students in
order to maintain purity of educational
institution and to create an atmosphere of
confidence amongst students and parents
regarding their safety of their wards. The
power of termination has been conferred
upon
a
high
authority,
namely,
Commissioner,
Kendriya
Vidyalaya
Sangathan and where he is satisfied that
any member of the Kendriya Vidyalaya is
prima facie guilty of moral turpitude or
involved in sexual offence or exhibition
of immoral sexual behaviour he can
terminate such employee by giving one
moth's notice or three months' pay and
allowances if the employee is temporary
or permanent as the case may be and
procedure
of
enquiry
shall
stand
dispensed with in such a case if the
Commissioner is of the opinion that
holding of enquiry of such case would
cause serious embarrassment to the
students or their guardians or there are
some other practical difficulties. We
cannot be oblivious of the fact that status
of a teacher in Indian society is different.
Here he has been elevated as God,
namely, 'GURUR BRAHMA GURUR
VISHNU GURUR DEVO MAHESHV
ARAH:'. A teacher creates knowledge,
learning, wisdom and equip the students,
girls or the boys with ability, knowledge,
discipline and intellect to enable them to
face challenges of their life. He is
preserver
of
learning
and
destroys
ignorance. Therefore as a member of
noble teaching profession he should be a
role model and either individually or
collectively as a community of teachers
should regenerate dedication with the
bend
of
spiritualism
in
broader
perspective
to
establish
quality,
competence, character and capacity of the
students
for
successful
working
of
democratic institutions and to sustain
them in their later years of life as a
responsible
citizen
in
different
responsibilities. Without a dedicated and
disciplined
teacher
even
the
best
education system is bound to fail.
Therefore, it is the duty of teacher to take
care of pupils as a careful parent would
take of its children. In Indian society
education
amongst
girls
even
after
independence is wanton due to various
factors including rural, culture and other
factors. Education to the girls children is
national asset and foundation of fertile
human resources and disciplined family
management apart from their equal
participation
in
socioeconomic
and
626 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
political democracy. Of late people have
realized and started sending their girl
children to co-educational institutions
under the care of proper management to
look after the welfare and safety of the
girls. Therefore, greater responsibility is
thrust on the management of the school
and college to protect young children, in
particular, the chastity of girls, bring them
up in discipline and dedicated pursuit of
excellence and to protect them from all
kinds of evils in tile institution as well as
outside. The teachers who are kept incharge bear higher responsibilities and
should be more careful. His character and
conduct should be like Rishi and as loco
parentis. It goes thus without saying
where a teacher fails to maintain such
high standard is not befitted to his status."

6. The Apex Court also considered
the delicacy involved in such matters in
Hira Nath Misra and others Vs.
Principal, Rajendra Medical College,
Ranchi, 1973 (1) SCC 805 and it was
observed that where there are allegations
of misbehaviour with girl students it is a
delicate matter. The police could not be
called in because if an investigation is
started, the female students out of sheer
fright and harm to their reputation will not
co-operate with the police nor an enquiry
before a regular tribunal will be feasible
since the girl students would not have
venture to make their statements in the
presence of miscreants for various reasons
including
fear
of
retaliation
and
harassment and also loss of reputation
amongst fellow students and others.
Authorities, therefore, in their wisdom,
have devised a principle which is a
reasonable principle in the form of Para
81 (b) and this is a condition of service
which has been accepted by the petitioner
while entering the service. It is not
disputed that before passing the order of
termination a summary enquiry was
conducted by the Education Officer and
the Principal of the School jointly where
in the version of the petitioner was also
recorded and thereafter he was found
prima facie guilty of moral turpitude
including immoral sexual behaviour. The
charge is very serious, that too against a
person who is supposed to maintain an
exemplary character, a role model for his
pupils. Thus, in our view such a person
cannot be allowed to continue as a teacher
of the institution.

7. We, therefore, do not find any
error in the order of the Tribunal in
rejecting petitioner's application. Even
otherwise it is not a fit case where this
Court,
in
exercise
of
extraordinary
jurisdiction under Article 226 of the
Constitution of India, would like to
interfere.

8. In the result the writ petition fails
and is dismissed.
---------
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.07.2007

BEFORE
THE HON'BLE PRAKASH KRISHNA, J.

First Appeal No.699 of 1994

Ram Nath and others

...Appellants
Versus.
The Spl. Land Acquisition Officer, Irrigation,
District Azamgarh.and others ...Respondents

Counsel for the Appellants:
Sri. J.A. Azmi

Counsel for the Respondents:
S.C.