Rajasthan High Court - Jaipur
Army Public School vs Arvind Bhandari S/O Sh. Roop Singh ... on 13 January, 2023
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17565/2022
Army Public School, Nasirabad, Ajmer
----Petitioner
Versus
Arvind Bhandari S/o Sh. Roop Singh Bhandari
----Respondent
For Petitioner(s) : Mr. Ashish Kumar Singh with Mr. Anupam Bhargava & Mr. Rohin Bhansali through VC For Respondent(s) : Mr. Mangal Chand Taylor with Mr. R.M. Bairwa, Mr. Rohit Kumar Bairwa & Ms. Vandana Chauhan HON'BLE MR. JUSTICE SUDESH BANSAL Order 13/01/2023
1. Since on behalf of respondent, counsel has put in appearance, service stands complete.
2. Heard learned counsel for both parties and perused the record.
3. It appears that respondent was appointed on 16.05.2008 as PGT (Maths) in Army Public School, Nasirabad and thereafter his services has been terminated vide order dated 11.05.2016. Respondent assailed the termination order by way of filing appeal under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 before the Rajasthan Non-Governmental Educational Institutions (the Tribunal). The Tribunal, vide judgment dated 06.10.2022 has allowed the appeal and while setting aside the termination order of respondent dated 11.05.2016 has held respondent entitled for reinstatement with (Downloaded on 16/01/2023 at 11:59:26 PM) (2 of 4) [CW-17565/2022] full back-wages, but without interest. Petitioner-Management has challenged the judgment dated 06.10.2022 passed by the Tribunal by way of this writ petition.
4. Learned counsel for petitioner has argued that before passing the termination order, inquiry against the petitioner was conducted according to Article 52 read with Articles 171 & 172 of the rules and regulations of the petitioner-Management applicable on the Army Public Schools. In the inquiry, respondent participated as well as cross-examined all witnesses.
5. Per contra, learned counsel appearing on behalf of respondent has urged that no disciplinary inquiry through the disciplinary committee as per Article 52 of the Red Book was conducted, rather a court of inquiry was conducted which is void ab initio and the inquiry report is inadmissible in law. He has argued that nether any charge-sheet was issued nor any inquiry as contemplated under provisions of the Act of 1989, was conducted, therefore, the Tribunal has rightly declared the termination order dated 11.05.2016 as illegal and the impugned judgment of the Tribunal calls for no interference. Learned counsel for respondent submitted that the petitioner has not placed on record the entire pleadings and material available before the Tribunal.
6. Taking into consideration the fact and material placed on record, it is clear that inquiry though in the name of court of inquiry was conducted by the Management against the respondent and prior to conducting the inquiry, a show cause notice was issued. Counsel for respondent has not disputed that Statement of respondent was also recorded in such inquiry and he was allowed to cross-examine with the witnesses. Statements of as many as (Downloaded on 16/01/2023 at 11:59:26 PM) (3 of 4) [CW-17565/2022] 25 persons were recorded and respondent cross-examined with few of the witnesses and declined to cross-examined with other witnesses. After the inquiry, following opinion has been recorded against the respondent:-
"After detailed investigation, examination of witnesses and recording their evidences, the court opines,thefollowing-
(a) Tremendous amount of pressure created by regular/continuous public humiliation of Master Ravi Kumar Gupta, son of Hav Ramesh Kumar Gupta, 16 GUARDS student of class XI (Science), APS Nasirabad by PGT Mathematics, Mr Arvind Bhandari forced him to take the extreme step of attempting suicide on 05 Feb-16
(b) Mr Arvind Bhandari, PGT Mathematics APS Nasirabad has been more than adequately warned/ counseled from time to time during the span of seven and half years of his service. He has been warned/counseled for poor way of teaching, improper behavior with superiors, not taking extra class as ordered, negligence towards duty, awarding corporal/ physical punishment to students, absenting on Republic day function, submission of false medical documents, poor result of his students in CBSE board in his subject and recently on the attempted suicide by student Ravi Kumar Gupta, which are a clear cut violation of the code of conduct of AWES and CBSE
(c) Mr Arvind Bhandari, PGT (Maths) since joining APS Nasirabad on 08 Jul 2008, has been in involved in breach of code of conduct of AWES and CBSE under Para 82 (e), (xvii), (xviii) & (xxii). Adequate advisories and opportunities have been given to him but they have not yielded any positive outcome and there has been no change in his conduct
(d) The presence of Mr. Arvind Bhandari, PGT (Maths), in APS Nasirabad is detrimental to the growth/development of children in APS Nasirabad and is likely to vitiate the atmosphere in this temple of-learning.
(e) A strict exemplary disciplinary action be initiated against Mr Arvind Bhandari. PGT (Maths) APS Nasirabad as per the provisions existing in AWES and CBSE, New Delhi rules."(Downloaded on 16/01/2023 at 11:59:26 PM)
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7. Thereafter, pursuant to the aforesaid inquiry, services of respondent has been terminated vide order dated 11.05.2016.
8. Taking into consideration the arguments advanced by counsel for both parties, matter requires consideration.
9. Record of the Tribunal be summoned.
10. In the meanwhile, in order to maintain equity & balance of interest of both the parties, ex parte stay order dated 15.12.2022 is modified to the extent that in case, petitioner Management makes payment of 50% back-wages to the respondent-employee as directed by the Tribunal vide judgment dated 06.10.2022, within a period of four weeks from today, execution and operation of impugned judgment dated 06.10.2022 of the Tribunal in respect of reinstatement of respondent in service and payment of remaining 50% of back-wages shall remain stayed. However, final order on the stay application shall be passed after summoning of record of the Tribunal.
11. List after four weeks.
(SUDESH BANSAL),J SACHIN/161 (Downloaded on 16/01/2023 at 11:59:26 PM) Powered by TCPDF (www.tcpdf.org)