AVINASH NAGRA versus NAVODAYA VIDYALAYA SAMITI ETC.

Citation: [1996] SUPP. 7 S.C.R. 105 · Decided: 30-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Dismissed
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Judgment (excerpt)

AVINASH NAGRA 
v. 
NAVODAYA VIDYALAYA SAMITI ETC. 
SEPTEMBER 30, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Service Law. 
Central Civil Service (Classification, Control and Appeal) Rules, 1965. 
Navodaya Vidyalaya-Notification dated December 23, 1993, Clause 
(b)-Dispensing with regular inquiry-Temporary teacher on proba-
tion-Mora/turpitude-Exhibition of immoral sexual behaviour towards a girl 
student-Tennination from service-Writ petition before High Court challeng-
A 
B 
c 
ing the orde1; withdrawn-Second writ petition dismissed-This Court direct-
ing an inquiry into the a/legations-Inquiry report submitted with the finding D 
that the teacher was guilty of moral turpitude involving exhibition of immoral 
sexual behaviour towards the girl student-Teacher challenging the inquiry as 
violative of principle of natural justice inasmuch as he was not afforded an 
opportunity to cross-examine the girl student and her colleagues who gave 
their statements-Held the record shows that the conduct of the appellant is E 
unbecoming of a teacher much less a loco parentis and, therefore, dispensing 
with regular inquiry under the rules and denial of cross examination are legal 
and not vitiated by violation of the principles of natural justice-Rules have 
given the power of the Director to take decision based on the fact situation 
where a summary inquiry was necess01y or he can dispense with the services 
F 
of the delinquent by giving pay in lieu of notice. 
Constitution of India, 1950. 
Article SJ-A-Fundamental duties-Navodaya Vidyalaya-Teachel"-
Dismissed from service for exhibition of immoral sexual behaviour towards a G 
girl student-Held, greater responsibility is thrust on the management of the 
Schools and Colleges to protect the young children, in particular the growing 
up girls, to bring them up in disciplined and dedicated pursuet of excellence. 
Administrative Law-Natural Justice-Navodaya Vidyalaya-Teacher H 
105 
106 
SUPREME COURT REPORTS [1996) SUPP. 7 S.C.R. 
A -Dismissal from service for exhibition of immoral sexual behaviour towards 
a girl student-Held, dispensing with regular inquiry under the mies and denial 
of cross- examination is legal and not violative of the principles of natural 
justice. 
B 
.. 
Constructive res judicata-Writ petition under'Arlicle 226 filed before 
the High Coult withdrawn-Second writ petition dismissed--Held, the High 
Coult was right in its view that the second writ petition was not maintainable 
in view of the principle of constructive res judicata. 
Maharashtra State Board of Secondary and Higher Secondary Educa-
C tion v. K.S. Gandhi and Ors., [1991] 2 SCC 716, referred to. 
"Human Values and Education" edited by S.P. Ruhela; and "The 
Social and Political Thought" by Dr. S. Radhakrishnan", referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 14525 of 
D 1996. 
E 
F 
From the Judgment and Order dated 9.1.96 of the Himachal Pradesh 
High Court in C.W.P.No. 56 of 1996. 
Arnn K. Sinha for the Appellants. 
Ms. Vija;· Lakshmi Menon for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
We have heard learned counsel on both sides. 
This appeal by special leave arises from the order of the High Court 
of Himachal Pradesh made on January 9, 1996 in Writ Petition No. 56/96. 
G 
The appellant was appointed as a post-graduate teacher on January 
28, 1994. Initially he worked at Patiala but was transferred to Kinnaur. The 
Respondent -institution is a co-educational institution. The appellant's ser-
vice was terminated in terms of his letter of appointment giving salary in 
lieu of notice on the ground of his improper conduct with a girl student. 
H When he filed writ petition, the High Court, after consideration of the 
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AVINASHNAGRAv. NAVODHYA VIDYAIAYASAMITI 
107 
record, dismissed the same. When the petition had come up for admission A 
and the counsel insisted upon an enquiry to be conducted against the 
alleged misconduct, by Order dated March 13, 1996, we directed the 
management to issue show caus!; notice to the petitioner, conduct an 
enquiry and submit the report within a specified time which was sub-
sequently extended. In furtherance thereof, show cause notice dated May B 
2, 1996, together with the statements of the girl, her, room-mates and the 
attender, Bharat Singh, were supplied to the petitioner. After receipt of 
the explanation submitted b)I. the appellant and consideration of the entire 
record, they have drawn up a
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