GUWAHATI, India, May 21 -- Gauhati High Court issued the following order on April 20:

1. Heard Mr. A.K. Purkayastha, learned counsel for the petitioner and Mr. S. C. Biswas, learned counsel appearing for the respondents.

2. By filing this writ petition, the petitioner has prayed for setting aside the impugned Preliminary Inquiry Report and Summary Inquiry Report and the consequential termination of his service, vide impugned termination order dated 11-07-2014 and the order dated 08-09-2014 rejecting his appeal by the Respondent No. 3.

3. The gist of the case in brief is that a complaint had been submitted by the father of one Miss Alena Stenisla, who was studying in Class V-B in the Kendriya Vidyalaya in Delhi, Bengdubi, West Bengal against the petitioner, who was a teacher, stating that the appellant had tried to molest his daughter on 22-02-2014 in the School room and School bathroom. When she tried to resist, the petitioner threatened the child that he would beat her if she reported the same to anybody. Further, the petitioner (teacher) periodically disturbed his daughter and other children.

4. Subsequent to the above, a 6 (six) member Preliminary Inquiry committee was constituted to verify the complaint made by the child's father. The Preliminary Inquiry Committee, after taking the statements of victim girl, her mother, other girl students and the petitioner, concluded that the petitioner tried to molest the victim girl and that he was habituated to doing such acts.

5. After considering the Preliminary Inquiry report, a Summary Inquiry Committee consisting of 5 (five) members was again constituted under Article 816 of the Education Code of Kendriya Vidyalayas, to inquire into the allegation leveled against the petitioner. The Summary Inquiry Committee thereafter submitted a report after assessing the statements given by the parents, girl students, victim girl, staff members, etc. and concluded that the charge of exhibiting immoral behaviour towards the victim girl stood established.

6. Subsequent to the above Preliminary Inquiry report and Summary Inquiry report, the respondent no. 4 issued a Memorandum dated 06-05-2014 to the petitioner, stating that the respondent no. 4 was of the considered opinion that the petitioner had been indulging in immoral behaviour towards the victim student and a case of moral turpitude had been found against him, because of which, it was necessary to proceed against the petitioner under the Article 81(B) of the Education Code for Kendriya Vidyalayas.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOPMPIrYsu6PjRVeB6mhe9SdW2U3m21qi3il5irIXt3%2BT&caseno=WP(C)/259/2017&cCode=1&cino=GAHC010010382017&state_code=6&appFlag=)

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