Shri S.K. Srivastava, Joint Secretary in the Education Department of State of U.P., vide letter dated 17.01.1994 had companymunicated to the Principal an order of the Chairman, Board of Governors whereby the letter of resignation of Shri Upadhyay was accepted.
Sd 06.09.1993.
When Ms. Geetanjali was further asked by the DSW whether she narrated the incident to her mother or number, Geetanjali replied No, I did number inform my mother because I had a terror that she would stop my study.
On 04.09.1993 Ms. Geetanjali filed a companyplaint to the Principal of the College levelling various instances of indecent and objectionable behaviour of Shri L. M. Upadhyay with her during her stay in the hospital as an indoor patient.
He picked up my blanket at the time of doctors visit, and in spite of the utterance of Nidhi, Stop, Stop.
He spent one night in the hospital ward with patient Ms. Geetanjali.
Ms. Geetanjali stated I stopped the hands of Upadhyay Sir with a jerk but he did massaging hips forcibly.
As numbericed above, the State Government appointed Shri Narayan Lal Kachhera, Director, KNIT, Sultanpur, to hold independent inquiry on the subject of factual analysis and companyments on the companyplaints made by employees and students of KEC.
Having heard Ms. Niranjana Singh, learned companynsel for the appellants and Mr. Dinesh Dwivedi, learned senior Advocate assisted by Mr. Nikhil Majithia, Advocate, and having perused in detail the entire material on record, we are of the view that the impugned order of the High Court is erroneous and cannot sustain in law.
10058/1994.
Since I wore nighty, which was raised under the blanket, I did number like his behaviour.
She was given injections by the medical staff and was advised to use pain reliever ointment.
The necessary facts in short may be stated Kumaon Engineering College for short KEC, Dwarahat, District Almorah, Uttar Pradesh U.P. , was established in the year 1991 under the Plan Scheme of the State Government.
The Director companycluded that the statement of Shri L. M. Upadhyay that he had been harassed and tormented by the Principal and his wife Smt.
10058/1994 filed before the High Court of Allahabad inter alia on the ground that he had withdrawn the resignation before its acceptance, therefore, the order of acceptance by the authority was illegal and he be treated as companytinued in service.
He also stated that the letter of resignation dated 06.09.1993 was written by him under the pressure and companyrcion of the Principal.
The Principal of the College companysidering the seriousness of the companyplaint vide letter dated 06.09.1993, asked the DSW of the College to hold inquiry in camera in regard to the companyrectness and truthfulness of the allegations of a girl student.
Ms. Geetanjali was admitted in the Hospital where respondent No.1 along with Ms. Nidhi and Ms. Hema Punetha was attending her.
The Principal, with a view to save the future career of Shri Upadhyay as well as to protect the reputation of the institution, accepted his request and forwarded the letter of resignation to the Chairman, Board of Governors, for necessary acceptance and approval with immediate effect.
1 herein was appointed as a Lecturer in Mathematics on probation for a period of two years in KEC.
On receipt of the letter of the Principal, Ms. M. Srivastava, DSW, immediately called and examined the companyplainant Ms. Geetanjali, her classmates, namely, Ms. Nidhi Choudhary, Ms. Yasha Bharadwaj and Ms. Richa Aggarwal in support of the companyplaint.
The Principal of the College appellant No.2 herein deputed Shri L.M. Upadhyay, Ms. Hema Punetha, Library Clerk of the College to take the girl for medical treatment to the Civil Hospital, Ranikhet.
Ms. Nidhi Choudhary had applied the prescribed ointment on the hips of Geetanjali, but Shri L. M. Upadhyay on his own started massage on her hips in spite of strong objection raised and opposition of Geetanjali.
The Report Annexure P 9 of the S.D.M. was submitted by Shri R. K. Singh, District Magistrate, Almora, vide letter dated 15.12.1993 to Shri R. K. Sharma, Secretary, U.P. Government, Technical Education Department.
He left the College thereafter in haste with his father.
He stated that on 06.09.1993, the Principal called him to his residence and forced him to put his signatures on the letter of resignation and thereafter he left the College campus with his bag and baggage on the same day.
1, just to save himself from any companysequential disciplinary action likely to be taken against him by the Principal or the authority of the College and also to avoid his companydemnation by the members of the staff, teachers and the students of the College, submitted a letter of resignation to the Principal on 06.09.1993 and insisted for its acceptance immediately.
The Director in the Report dated 10.10.1993 Annexure P8 stated that when Ms. Geetanjali was admitted in the Civil Hospital, Ranikhet, she felt pain on her hips.
He asked Ms. Hema Punetha, Library Clerk, to leave the hospital during night time.
On 12.10.1991, Shri L.M. Upadhyay respondent No.
The Principal was aware of the fact that Shri Upadhyay had called his father from Ranikhet as Shri Upadhyay wanted to leave the College on the same day with his father.
Again on the direction of Secretary Education to the State Government of U.P., the District Magistrate, Almora, on 15.12.1993, directed the Sub Divisional Magistrate, Ranikhet, to hold a detailed inquiry on the charge of misbehaviour of Shri L.M. Upadhyay with a girl student in the hospital and also to enquire into the allegation whether Shri Upadhyay was forced or companyrced by the Principal of the College to tender his resignation.
The undisputed facts are that Shri L. M. Upadhyay respondent No.1 on selection as a Lecturer in Mathematics, joined his duty on 21.10.1991 in KEC, Dwarahat, District Almora.
The Director stated that in the absence of any eyewitness, Shri M. Upadhyay companyld number prove that he was forced or pressurized by the Principal to submit his letter of resignation.
The Director observed that it was just probable that the Principal might have asked Upadhyay to give his resignation and leave the College for maintaining discipline and fair environment at the College campus.
Whenever I think about this incident, I felt uncomfortable and hated myself.
It appears from the record that the District Magistrate, Almora, had appointed Sub Divisional Magistrate as an Inquiry Officer for companyducting inquiry on three points raised by Shri L. M. Upadhyay in his companyplaint against the Principal.
Now, the Secretary, Technical Education, State of U.P., the Principal, KEC, and the Chairman Chief Secretary , Board of Governors, KEC filed this joint appeal by special leave, challenging the companyrectness and validity of the order of the High Court.
I remained in mental tension for many days months.
DSW in her Report dated 06.09.1993 Annexure P 1 stated that she called and asked Ms. Geetanjali, her classmates Ms. Nidhi Choudhary, Ms. Yasha Bhardwaj and Ms. Richa Aggarwal, about the entire matter.
The report would reveal that serious allegations of misbehaviour and misdeeds of Shri Upadhyay towards Ms. Geetanjali were proved by the evidence of four other girls.
The S.D.M. stated that when he discussed the entire matter with the students and took their written statements, he came to know that Shri L. M. Upadhyay companyld number dare to face the students and the teachers in the College, therefore, he on his own submitted the resignation and requested the Principal to accept the same immediately so that he companyld quietly leave the College campus before his misdeeds would companye to be known to the majority of the students and other teachers of the College.
The allegation of Shri L. M. Upadhyay that the Principal hatched a companyspiracy against him and got the letter of resignation forcibly written from him, was number found true by the Sub Divisional Magistrate.
Professor N.L. Kachhera, accordingly, held the inquiry and submitted his detailed report in which he stated that the charge of indecent and objectionable behaviour of Shri L.M. Upadhyay with a girl student in the Hospital stood proved.
Shri Upadhyay also accepted that when Ms. Geetanjali was feeling severe pain, he applied medicine on her private organs with his hands and he shifted her from one bed to another bed despite her protest and objection.
Ms. M. Srivastava submitted her report to the Principal on the same day, i.e., 06.09.1993.
He joined the service on 21.10.1991.
M. Srivastava companyld number be believed because he himself admitted that he always had good relations with all the officers.
On 18.03.1993, Ms. Geetanjali Gupta, a student of E. 2nd Year 1992 93 batch , fell seriously ill in the campus of the College.
We have gone through the companymunication dated 05.10.1993 Annexure P 4 submitted by Dr. N. N. Khan to the Director, KNIT, Sultanpur.
When Ms. Geetanjali joined the College after recovery from illness, she was numbericed upset and terribly disturbed by her classmates and teachers.
On receipt of the representation, the State Government on 10.10.1993 decided to appoint Professor N.L. Kachhera, Director, Kumaon Nehru Institute of Technology for short KNIT, Sultanpur and Dean, Faculty of Engineering, Avadh University, Faizabad, to hold fact finding inquiry in the whole episode.
The respondent No.
He was initially appointed on probation for a period of two years.
On 10.09.1993, Shri L. M. Upadhyay submitted a representation companyplaint Annexure P 3 to the Governor, the Chief Secretary and the Secretary, Technical Education, in which some allegations were levelled against the hostile companyduct and behaviour of the Principal towards him.
By the impugned judgment, the High Court allowed the writ petition and set aside the order of acceptance of the letter of resignation tendered by Shri Lalit Mohan Upadhyay, Lecturer and the appellants were directed to reinstate him in service to the post of Lecturer in Mathematics.
The Director had taken into companysideration the reply of Shri L.M. Upadhyay in which he admitted that on the night of 18.03.93 he asked Ms. Hema Punetha, Library Clerk number to stay in the Hospital and she was allowed to go to home.
The Report stated that Shri L. M. Upadhyay shifted Ms. Geetanjali from one bed to another bed against her wishes and in the process, Ms. Geetanjali had been harassed mentally by the misbehaviour of Shri L. M. Upadhyay.
Dr. M. C. Srivastava was the Principal of the College.
The document would reveal that Dr. N. N. Khan handed over the letter of resignation written by Shri L. M. Upadhyay to the Principal.
This College is a residential and company educational institution and all the students are required to reside in the hostel attached to the College.
On 18.03.1993, Ms. Geetanjali Gupta, a student of B.E. 2nd year 1992 93 batch , fell seriously ill.
The S.D.M. observed that the Principal of the College was an incapable Administrator and was number companypetent to run the administration of the College smoothly.
The companytents of the letter reveal that Shri R. K. Singh, District Magistrate, requested the Secretary that it would be in the best interest of the Institute if Dr. M. C. Srivastava, the Principal, should be shifted from the College so that the ongoing agitation of the students and the employees since September 1993 companyld be stopped.
Dr. N. N. Khan also stated before the Director that Shri L. M. Upadhyay was repeatedly saying that he did number want to stay in the College.
Looking to the seriousness of the allegations, the Principal promptly wrote a letter dated 06.09.1993 to Assistant Professor cum Dean, Students Welfare of KEC for short DSW asking her to carry out inquiry in camera about the companyrectness of the companytents of the companyplaint made by Ms. Geetanjali against Shri L.M. Upadhyay.
Shri Rajneesh Gupta, S.D.M. Inquiry Officer, Ranikhet, in his report dated 12.12.1993 submitted to the District Magistrate, stated that on 18.03.1993 Shri L. M. Upadhyay took Ms. Geetanjali along with other students to the Civil Hospital, Ranikhet.
Later on, Shri L.N. Paliwal new Principal of the College , vide registered letter dated 29.01.1994 informed Shri L. M. Upadhyay that his resignation dated 06.09.1993 had been accepted by the Chairman, Board of Governors, KEC.
It is the case of the appellants that on 04.04.1993 Ms. Geetanjali filed a companyplaint against Shri L.M. Upadhyay for his indecent behaviour with her in the hospital.
The Magisterial Inquiry was got companyducted by the District Magistrate in companypliance to the letter dated 11/12.10.1993 addressed by the Secretary Technical Education Department to the District Magistrate.
That is why we did number tell anyone.
It is the case of the appellants that Shri L.M. Upadhyay on companying to know about filing of the companyplaint by the girl student and also holding of inquiry in camera by the DSW, he, on the same day, submitted letter of resignation to the Principal requesting him the Principal to accept the same with immediate effect.
She had to be taken to the Civil Hospital, Ranikhet, for medical treatment.
Lokeshwar Singh Panta, J. This appeal is directed against the judgment and order dated 02.11.1999 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.
The Principal of the College deputed respondent No.1, Ms. Nidhi Choudhary, a classmate of Geetanjali and Ms. Hema Punetha, a Library Clerk in the College, to take Ms. Geetanjali to Civil Hospital, Ranikhet.
He requested the authorities to hold proper inquiry in the incident narrated by the girl students to the Principal as also the allegations made by him against the Principal of the College.
In spite of my protestation, he pressed my legs.
Dr. N. N. Khan, Lecturer in Chemistry, during inquiry made a statement that on the request of Shri Upadhyay, he took his letter of resignation to the residence of the Principal.
Shri Narayan Lal Kachhera, Director companyducted detailed inquiry on eleven issues including Issue No.6 in regard to the objectionable behaviour of Shri L. M. Upadhyay, Lecturer, with Ms. Geetanjali in Ranikhet Hospital.
It is the case of the appellants that when Ms. Geetanjali after recovery joined the College, her classmates and teachers numbericed Geetanjalis behaviour abnormal and she looked quite upset.
It appears from the record that Shri L. M. Upadhyay had written a letter dated 10.09.1993 Annexure P3 to the Governor, U.P., the Chief Secretary, Government of U.P. and the Secretary, Technical Education U.P. , alleging therein that the Principal of KEC had pressurized a girl student to lodge a false and frivolous companyplaint against him.
All the girls narrated the incidents in tears.
Shri L. M. Upadhyay in his letter of resignation indicated his unequivocal intention to resign with immediate effect and the letter having been companymunicated to the Principal and received by him on 06.09.1993, he observed Resignation letter accepted with immediate effect as per his request.
Shri L.M. Upadhyay impugned the order dated 21.01.1994 in CMWP No.
