1. The petitioner herein has prayed for quashing and setting aside the finding recorded by the Inquiry Officer against the petitioner as contained in the inquiry report dated 03.11.2010 and to also set aside the decision of the respondent State accepting the said finding of the Inquiry Officer as conveyed to the petitioner vide communication dated 19.01.2011.
2. The petitioner who had worked as Principal, Gujarat College, Ahmedabad vide show cause notice dated 29.02.2008 was asked to explain as to why the petitioner is pressurizing one of the students to withdraw her allegations against the petitioner. The petitioner replied to the same and thereafter vide charge sheet dated 17.12.2009 regular departmental inquiry was initiated against the petitioner and report was submitted holding the charges levelled against the petitioner as proved. The said findings of the inquiry report have been accepted by the respondent State. Being aggrieved by the same, the present petition is preferred.
3. Mr.
Vaibhav Vyas, learned advocate appearing for the petitioner submitted that no such alleged incident has taken place and the entire story is concocted by the vested interest against the petitioner to take revenge. He submitted that the even after the insistence of the petitioner the complainant is not brought in the inquiry proceedings by the Department and even the complaint seems to be doubtful.
4. Mr.
J.K. Shah, learned AGP appearing for the respondent State contended that the inquiry was duly conducted under the relevant provisions of law and in the affidavit-in-reply it is established that the petitioner has misbehaved with the complainant.
5. Having heard learned advocates for both the sides and having perused the papers on record, this court is of the view that the allegations levelled against the petitioner are very serious in nature. Having carefully gone through the Inquiry Report and the material on record, the High Court is of the considered opinion that the charges levelled against the delinquent are found to be fully proved. They are of very serious nature and such a Principal cannot be continued in service any more. If the petitioner is continued in service, it shall only be a bad example for other employees to follow suit. No strong ground for interfering in the matter has been made out. However, any further observation by this court shall only prejudice the case of the petitioner further. Therefore this Court without observing any thing further thinks it fit to dismiss the petition but with appropriate costs.
6. Accordingly, petition stands dismissed. Cost of Rs. 25000/- shall be paid by the petitioner to the respondent forthwith.
(K.S.
JHAVERI, J.) Divya// Top