Rule 81-B termination upheld where summary enquiry, recorded reasons and communication requirements were substantially complied with.

Rule 81-B permits termination of a Kendriya Vidyalaya employee on a prima facie finding of moral turpitude involving sexual offence or immoral sexual behaviour towards a student, after such summary enquiry as is proper and practicable. The Commissioner must also consider a regular enquiry inexpedient, record reasons in writing, and keep the Chairman informed. The Rajasthan HC held that these requirements were satisfied on the record, that reasons need not appear in the termination order if recorded in the file, and that the summary enquiry material was sufficient. The statutory scheme was treated as validly limiting ordinary natural justice, so the termination was upheld.

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Issues: Whether the termination of a Kendriya Vidyalaya teacher under Rule 81-B was valid despite the absence of a regular departmental enquiry and whether the requirements of summary enquiry, recorded reasons, and communication to the Chairman were complied with.

Analysis: Rule 81-B permits termination where the Commissioner, after such summary enquiry as is proper and practicable, is satisfied that a member of the staff is prima facie guilty of moral turpitude involving sexual offence or immoral sexual behaviour towards a student. The rule also requires the Commissioner to form an opinion that a regular enquiry is not expedient, to record reasons in writing, and to keep the Chairman informed. On the record, the Commissioner had formed the requisite opinion, the reasons were recorded in the file, and the Chairman was informed. The Court held that recording of reasons in the order itself was not mandatory if the reasons were available on the file, and that the summary enquiry material before the Commissioner was sufficient compliance with the rule. The Court further held that the statutory scheme validly curtailed the ordinary operation of natural justice in such circumstances.

Conclusion: The termination was upheld as valid, and the challenge based on want of regular enquiry and alleged violation of natural justice failed.

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