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1. Proceedings of the first respondent dated 3.2.1995, whereby the petitioner was dismissed from service, is the subject-matter of challenge in this writ petition.

2. Facts, to the extent necessary for this writ petition, are that the petitioner was appointed on 19.6.1982 as an SGBT Teacher in the Ashram School and was later promoted as Head Master. Ashram Schools are run by the Integrated Tribal Development Agency, (for short "ITDA"), a Society, constituted by the Government of Andhra Pradesh, for the development of socio-economic interests of Tribals. The expenditure of the Society is met by the Government of India and the Government of Andhra Pradesh, it is run by Government officials, funded and supervised by the Government of India. Institutions meant for Tribals, in the scheduled areas, are under the control of the ITDA, a "State" within the meaning of Article 12 of the Constitution of India.

The behavour of Sri K.S.S. Rao, H.M. is most heinous and quite unbecoming of a teacher, under whose care small, innocent tribal girls and boys have been placed. It has been thoroughly demoralized the students and eroded the confidence of the tribal parents in the administration of the Ashram school, Kalleru.

Sri K.S.S. Rao, H.M. A.S. Kalleru, used to consume alcohol day in and day-out, totally neglected the education of the students, forced the hostel students to attend to his domestic chores and misappropriated the rice and other essential commodities of the hostel meant for the students. Added to all this, he used to behave with the girls in a most indecent and reprehensible manner. The result: A lot of mental agony for and physical torture and emaciation of the small children. The school children are scared so much that many of them like Kumari T.Lalatnma, Kum. Madakam Radhamma, Kum. Karam Kannamma and Kum. Karam Lakshmi left the Ashram school, Kalleru and discontinued their studies.

7. With regards the allegations, in the charge-sheet, that the petitioner misbehaved with a girl student by name Kum. T.Lalatnma and harassed her in the Ashram School on 28.2.1992 at 9.00 p.m., the petitioner contends that on 27.2.1992 itself Kum. T. Lalamma had left the school for her native place along with her sister and she was not in the school on 28.2.1992. The police complaint lodged on 3.3.1992, by Kum. T. Lalamma, at Chintoor Police Station, is alleged by the petitioner to be at the instance of the Mandal President Sri Madakam Venkaiah. The petitioner contended that, he never misbehaved with girl students of the Ashram School or entered Hostel rooms during night hours, that he was a married man, his wife R. Hemalatha was also a teacher working in the same school, they were living together in the residential quarters attached to the Ashram School, on the night of 28.2.1992 the petitioner's wife was with him and there was no need for him to call Kum. T. Lalamma or to commit the alleged acts. It is stated that the other two Teachers, Sri J.Lalaiah and Sri P. Anantha Ramulu were residing near the residential quarters of the petitioner and were also present on the night of 28.2.1992, that while the petitioner was initially imposed fine by the learned Mandal Magistrate and the said order was set aside by the Sessions Judge at Khammam in Crl.Appeal No. 24 of 1992, the matter was remitted to the Mandal Magistrate and that the matter was pending. The allegation of consumption of alcohol, during day time, is denied and it is stated that the enquiry report was not furnished to him.

23. It is true, unlike in K.L. Thripati (supra), the petitioner herein denied that he had molested the victim. Would such denial necessitate disbelieving the evidence of a 12 years old tribal girl, who has given a graphic account of the acts of molestation, only on the ground that she was not subjected to cross-examination?

24. On 5.5.1992, in the presence of Enquiry Officer, the child victim Kum. T. Lalamma deposed thus:

I have been studying from 1st Class onwards in the Ashram School itself at Kolluru. Right from the beginning I have been staying in the Hostel attached to the said School. Mr. K.S. Sanjeeva Rao is the Head Master of Ashram School. His wife Smt. Hemalatha is also working as teacher in the very same school. The remaining two teachers of the School namely Sri J. Lalayya and P. Anantha Ramulu are residing in one of the quarters attached to the said school. They both used to take their meals from of the meals prepared for School students residing in the hostel.