Central Administrative Tribunal - Delhi
Smt. Usha Sonal vs Kendriya Vidyalaya Sangathan on 30 September, 2011
Central Administrative Tribunal
Principal Bench
OA No. 2271/2011
and
CP No. 647/2011
New Delhi this the 30th day of September, 2011
Honble Mr.G.Goearge Paracken, Member(J)
Honble Dr.Veena Chhotray, Member(A)
OA NO. 2271/2011
Smt. Usha Sonal
w/o Sh. R.S.Sona,
r/o 123/2, Staff Quarters,
K.V. AFS, Sarsawa,
Sharanpur, (UP).
Applicant
(By Advocate: Sh. Yogesh Sharma)
Versus
1. Kendriya Vidyalaya Sangathan,
Through the Commissioner,
18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi.
2. The Assistant Commissioner,
K.V.S. (Dehradun Region),
Salawala, Hathibarkala,
Dehradun-248001.
3. The Principal,
Kendriya Vidyalaya Sangathan, AFS,
Saraswa,
Saharanpur (UP).
4. Ms. Rachana Dev,
Prinicpal,
Kendriya Vidyalaya, AFS, Sarsawa,
Sharanpur, (UP).
Respondents.
(By Advocate: Sh. S.Rajappa)
CP No. 647/2011
Smt. Usha Sonal
w/o Sh. R.S.Sona,
r/o 123/2, Staff Quarters,
K.V. AFS, Sarsawa,
Sharanpur, (UP).
Applicant
(By Advocate: Sh. Yogesh Sharma)
Versus
Ms. Rachana Dev,
Prinicpal,
Kendriya Vidyalaya,
AFS, Sarsawa,
Sharanpur, (UP).
Respondents.
(By Advocate: Sh. S.Rajappa)
O R D E R (ORAL)
Honble Shri George Paracken:
The applicant is aggrieved by the order dated 16.5.2011 by which she has been transferred from Kendriya Vidyalaya AFS, Sarsawa, Sharanpur, (UP) to Kendriya Vidyalaya, Moradabad, UP on administrative grounds under Para 7 (e) of new transfer guidelines of Kendriya Vidyalaya Sangathan. In the said letter, it has been stated that she has been relieved on 28.5.2011 in absentia with the instruction to report to the Principal Kendriya Vidyalaya, Moradabad, UP. It has been further stated therein that she will be entitled for TA as per Kendriya Vidyalaya Sangathan Rules and an amount of Rs.25,000/- on account of lump sum transfer grant was also given by cheque to meet the TA/DA expenses. She was also instructed to hand over the charge of Head Mistress on reopening of the Vidyalaya on 26.8.2011.
2. The main ground of challenge of the aforesaid order is that the Principal of the school Smt. Rachana Dev who has been arrayed as respondent No.4 in this OA in her personal capacity has the mala fide intention to transfer her because of some inter-personal problems. The applicant has also challenged the charge levelled against her, the impugned order dated 14.3.2011 by which she was imposed with the minor penalty of reduction to a lower stage of pay in the same Pay Band by one stage for a period of two years, without cumulative effect and not adversely affecting her pension under Rule 16 of CCS (CCA) Rules, 1965 and the appellate authoritys order dated 16/18.5.2011 upholding the aforesaid order. The charge against her are as under:
ARTICLE-I Smt. Uma Sonal, while functioning as Head mistress at Kendriya Vidyalaya, AFS, Sarsawa, on 23.12.2010 at 1.30 p.m. entered into the chamber of the Principal, KV, AFS, Sarsawa and used extremely offending words before the Principal, Kendriya Vidyalaya, AFS, Sarsawa to register verbal complaint against Primary teachers of the Vidyalaya, in presence of Smt. Abha Tyagi, Primary Teacher. She spoke in high pitch started shouting on the undersigned Thus, the said Smt. Uma Sonal, HM acted in a discourteous manner and failed to maintain the decency required from a literate person of her profession and committed misconduct which is unbecoming of a Government servant and therefore, violated Rule 3(1) (iii) of CCS (Conduct) Rules, 1964 as applicable to the employees of Kendriya Vidyalaya Sangathan, vis-`-vis the code of conduct for teachers vide Article 59 (34)(a) (iii) of the Education Code for Kendriya Vidyalayas.
ARTICLE-II Smt. Uma Sonal while functioning as Head Mistress in KV, AFS, Sarsawa, levelled false and baseless allegations on the Principal on 10.01.11 stating that she came to be Principals chamber with her Diary on 08.12.2010 and that the Principal was not available as she had gone to her home whereas the Principal was very much available in the school on 8th Dec, 2010. Hence, smt. Uma Sonal, Head Mistress falsely alleged that the Principal had gone to her home during working hours. This is an act of insubordination, unfaithfulness, dishonesty and untrustworthiness on the part of said Smt. Uma Sinal, Head Mistress.
Thus, the said Smt. Uma Sona, HM committed misconduct and failed to maintain absolute integrity and acted in a manner which is unbecoming of a Government servant and therefore, violated Rule 3 (1) (i) (iii) of CCS (Conduct) Rules, 1964 as applicable to the employees of Kendriya Vidyalaya Sangathan, vis-`-vis the code of conduct for teachers vide Article 59 (34)(a)(i)(iii) of the Education Code of Kendriya Vidylayas.
ARTICLE-III Smt. Uma Sonal while functioning as Head Mistress at Kendriya Vidyalaya, AFS, Sarsawa on dated 30.9.2010 dated 23.12.2010 and dated 31.01.2011 and on several other occasions, subjected the Primary Teachers to a lot of humiliation by making them sit on durries during meeting with PRTs whereas herself sat on the Chair which is absolutely against the dignity of Primary Teacher and behaving with them in a manner not suiting her status as the Headmistress of a reputed organization. This act on the part of said Smt. Uma Sonal, Head Mistress acted in a manner which is unbecoming of a Government servant.
Thus, the said Smt. Uma Sonal, HM committed misconduct which is unbecoming of a Government servant and therefore, violated Rule 3(1) (iii) of CCS (Conduct) Rules, 1964 as applicable to the employees of Kendriya Vidyalaya Sangathan, vis-`-vis the code of conduct for teachers vide Article 59 (34)(a)(iii) of the Education Code for Kendriya Vidyalayas.
ARTICLE-IV Smt. Uma Sonal while functioning as Head Mistress at Kendriya Vidyalaya, AFS, Sarsawa on dated 10.1.2011 leveled false allegation on the Principal that the Principal used caste based remarks against her on 23.12.2010 in her office. On 29.01.11, smt. Uma Sonal, HM tendered verbal apology for the same in presence of UDC Sh. Amardeep in Principals office pressurizing the Principal to tear the memorandum issued to her but did not tender a written apology for the same.
Thus, Smt. Uma Sonal, HM failed to maintain absolute integrity and acted in a manner which is unbecoming of a Government servant.
Thus, the said Smt. Uma Sona, HM committed a misconduct and violated Rule 3(1) (i) & (iii) of CCS (Conduct) rules, 1964 as applicable to the employees of Kendriya Vidyalaya Sangathan, vis-`-vis the code of conduct for teachers vide Article 59 (34)(a)(i) & (iii) of the Education Code for Kendriya Vidyalayas.
3. According to the applicant, the aforesaid charges are not only false and frivolous but also highly motivated. She has also alleged undue haste on the part of the Principal Ms. Rachana Dev in issuing the impugned articles of charges, initiation of disciplinary proceedings under Rule 16 of CCS (CCA) Rules, 1965 which empowers the disciplinary authority to punish an employee without following the proper enquiry proceedings, issuing the order of punishment and the consequential impugned order.
4. When this matter was taken up for consideration on 24.6.2011, we issued notices to the respondents and as an interim measure directed them to maintain status quo as on that date. The said interim order is still continuing. However, according to the applicant the aforesaid order has not been complied with and she has filed Contempt Petition No.647/2011 before this Tribunal and it has also been listed today for adjudication.
5. When this matter is taken up for consideration today, the learned counsel for respondents Sh. S.Rajappa has stated that the applicant could have exhausted one more remedy, i.e. filing a revision petition before the highest authority, i.e., Commissioner of Kendriya Vidyalaya Sangathan. He submitted that even now the applicant shall avail herself of the aforesaid remedy. However, the learned counsel for the applicant has stated that she has not been paid the salary for May 2011.
6. We, therefore, dispose of this Original Application as well as the Contempt Petition with the directions to the applicant to make a revision petition to the Commissioner, Kendriya Vidyalaya Sangathan within a period of seven days from the date of receipt of a copy of this order. On receipt of the same, the Commissioner shall review the entire matter and take appropriate decision and communicate the same to the applicant. While doing so, he shall also consider the complete paper book of this OA as supplementary documents in addition to the revision petition being given by the applicant. The respondents also shall ensure that the up to date salary of the applicant is paid in view of the status quo order already passed by this Tribunal.
7. We make it clear that we have not gone into the merits of the case and the legality of the impugned orders passed by the respondents. We, therefore, give liberty to the applicant to challenge the decision of the Commissioner, Kendriya Vidyalaya Sangathan, as stated earlier, in case it goes against her.
( Dr. Veena Chhotray ) ( George Paracken )
Member (A) Member (J)
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