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In this case of MANGILAL KAJODIA VERSUS UNION OF INDIA & ORS, petitioner approached Supreme Court directly under Article 32 of the Constitution, seeking diverse reliefs. Essentially, his grievance is with respect to the order of removal issued by his employer, the respondent Kendriya Vidayalaya Sangathan, terminating him from its services with effect from 21.07.2008. In this case the petitioner joined KVS on 05.11.1981. Whilst working with the KVS in its school, the petitioner was apparently elected as an office bearer of the employees’ association, i.e. as Assistant General Secretary (of the Hqs). Inter se disputes with respect to who held the position of General Secretary arose which became the subject matter of proceedings, in the Civil Court at Tis Hazari, Delhi. The KVS apparently took the position that it would act in accordance with the order of the court dated 03.07.2004.
The petitioner alleges that he was again elected as the Assistant General Secretary HQ. He alleges that in this capacity as an office bearer of the Association, he was instrumental in exposing irregularities involving defalcation with school funds, including, but not limited to purchase of books and equipment such as computer and other electronic items. Some minor disciplinary proceedings appear to have been initiated against him on 12.04.2007 and a show-cause notice was issued, to which he replied. The petitioner appealed against the order of removal to the concerned appellate authority under Article 81(d) of the Educational Code applicable to the KVS, on 30.08.2008. On 04.11.2008, the appellate authority rejected the petitioner’s plea.
The petitioner avers that several representations were made to various authorities, including the Secretary, President’s Secretariat etc. He ultimately challenged his removal by filing OA 33/2011 before the Central Administrative Tribunal (CAT) at Jabalpur Bench and in its Indore Bench. In this, the CAT directed the Secretary, Ministry of Human Resource Development to dispose of the petitioner’s appeal through the President. This order was apparently not complied with, leading to initiation of contempt proceedings. The KVS approached the Madhya Pradesh High Court by filing W.P.(C)10789/2002, aggrieved by the order in contempt proceedings.
The High Court dismissed this writ petition on 07.07.2014 and imposed costs upon the KVS. Thereafter the case reached the Supreme Court, the court after hearing the case held “ In view of the foregoing discussion, a direction is issued to the Central Government to reinstate the petitioner by firstly issuing an order spelling out the terms of his reinstatement and the place of his posting as well as granting him three weeks’ time to join his post. Simultaneously, a pay fixation and fitment of salary order in accordance with the directions of this court should be issued within four weeks from today. It is made clear that this order as well as the order reinstating the petitioner should not in any manner disturb the benefit which had accrued to him for the admitted period of his service, i.e. from the date of initial recruitment, i.e. 05.11.1981 till 21.06.2008. The writ petition is disposed of in the above terms without order on costs.”
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