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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO.  1849 OF 2012 DR. T. MURUGAN                                Appellant(s)

                               VERSUS THE CHAIRMAN NAVODAYA VIDYALAYA  SAMITI AND ORS.   Respondent(s)

J U D G M E N T

KURIAN, J. 1. The  appellant  is  before  this  Court challenging the order dated 13.06.2008 passed by the High Court of Judicature at Madras in W.P. No. 38815 of 2006. 2. The  appellant  had  approached  the  Central Administrative  Tribunal  (in  short,  “CAT”) challenging  his  termination  by  the  respondent dated  13.06.2003.   The  appellant  started  his service in 05.06.1989 as a Teacher in Navodaya Vidyalaya  School.   In  1998,  he  became  the Vice-Principal of the school.  From 2001 onwards, he was serving as the Principal of the school. 3. On  allegations  pertaining  to  sexual harassment of a student of Class X, he was put under  suspension  on  18.12.2002  and  after

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conducting  an  inquiry  by  a  three-Member Committee, he was dismissed from service by an order dated 13.06.2003.  The CAT set aside the order of termination and directed reinstatement of the appellant with back wages.  That order was challenged  by  the  respondent  before  the  High Court.  The High Court set aside the order passed by the CAT and upheld the order of termination. Thus  aggrieved,  the  appellant  is  before  this Court by way of special leave. 4. We have heard the learned counsel appearing for the appellant as well as the learned counsel appearing  for  the  respondent  extensively.   We have also gone through the records.  We do not think it necessary to refer to the factual matrix in  detail.   However,  we  deem  it  necessary  to refer  to  one  main  contention  raised  by  the appellant that his entry to the premises of the student was in the company of a Chaukidar of the School and that too, on getting an information that  the  student  was  not  appearing  for  the examination. The allegation is that the appellant tried to sexually harass the student.  The Deputy Director held against the appellant and so also

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by  the  three-Member  Committee.   However,  the District Collector ordered a Magisterial Inquiry and  in  that  inquiry,  the  appellant  has  been completely exonerated. 5. Whether  we  should  rely  on  the  Magisterial Inquiry or the Inquiry held by the three-Member Committee is one issue, but the fact remains that the  regular  inquiry  under  the  CCS (Classification, Control and Appeal) Rules, 1965 was dispensed with.  We would also like to take note  of  one  special  factual  position  that  the student  has,  in  fact,  appeared  for  the examination  after  the  alleged  incident.   The appellant has a serious grievance that he was not served a copy of the report of the three-Member Committee  and,  therefore,  he  did  not  get  an opportunity to challenge the same.  These aspects have been discussed at length by the CAT. 6. The High Court, it appears, has taken note of the report prepared by the Deputy Director and has  placed  heavy  reliance  on  that.   But unfortunately,  the  allegation  raised  by  the appellant that the wife of the Deputy Director was a teacher in a different school under the

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Navodaya  Vidyalaya  Samiti  and  that  the  Deputy Director had some motive against the appellant, which  he  stated  in  the  inquiry  before  the Committee, has not been noticed.   7. We are informed that the appellant is due to retire on 12.02.2018.  We are also informed that there  is  no  Regular  Pension  Scheme  under  the Navodaya Vidyalaya Samiti.  Though it would have been a case where we should have set aside the whole  proceedings  and  directed  the  competent authority to start from the stage of furnishing a copy  of  the  inquiry  report  and  give  an opportunity  for  objections  and  thereafter, hearing etc., having regard to the fact that the appellant is otherwise due to superannuate from service in the next month, we are of the view that  this  Court  should  invoke  its  jurisdiction under Article 142 of the Constitution of India and  give  a  quietus  to  the  whole  litigation between the parties, respecting the dignity and protecting the rights of all the parties. 8. Accordingly this appeal is disposed of with the following directions :-

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i) On the date of termination i.e. 13.06.2003, the appellant shall be deemed to have voluntarily retired from service. ii) Till such time, the appellant shall be deemed to be in service for all purposes.  The benefits arising from such service upto 13.06.2003 shall be  worked  out  and  paid  to  him  with  simple interest  at  the  rate  of  6%  per  annum  upto 13.06.2003 within a period of three months from today. iii) In order to work out the relief as above, the Judgment under appeal and the other impugned orders shall stand set aside. 9. We make it clear that this Judgment is passed in the peculiar facts and circumstances of this case and shall not be treated as a precedent.

No costs.  .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ MOHAN M. SHANTANAGOUDAR ]  

New Delhi; January 31, 2018.

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ITEM NO.19               COURT NO.5               SECTION XII                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS

Civil Appeal  No(s).  1849 of 2012 DR. T. MURUGAN                                     Appellant(s)                                 VERSUS THE CHAIRMAN NAVODAYA VIDYALAYA SAMITI  AND ORS.   Respondent(s) Date : 31-01-2018 This appeal was called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr. M. A. Aruneshe, Adv.                       Ms. Madhu Sikri, AOR                     For Respondent(s)  Mr. S. Rajappa, AOR                      

   UPON hearing the counsel the Court made the following                              O R D E R

The  civil  appeal  is  disposed  of  in  terms  of  the  signed non-reportable Judgment.   

Pending Interlocutory Applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                              (RENU DIWAN)    COURT MASTER                                ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)