S Sreenivasa Raja vs KENDRIYA VIDYALAYA SANGATHAN (KVS) on 26 October 2026

ORAL ORDER

(As per Hon’ble Mr. Manish Garg, Judicial Member)

The instant O.A. is filed by the applicant, seeking the following relief: “In the circumstances stated above, the applicant most respectfully prays that this Hon’ble Tribunal may be pleased to:

(a) Declare the inaction of the 2nd Respondent in not considering and disposing of the statutory appeal dated 22.07.2026 preferred by the applicant under Rule 27 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 against the Order of penalty bearing F.21062/3/2023/KVS (Vig.)/4279-4283 dated 06.07.2026, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India; (b) Consequently, direct the 2nd Respondent to consider and dispose of the said appeal dated 22.07.2026 preferred by the applicant, by a reasoned and speaking order, within such time as may be fixed by this Hon’ble Tribunal and in any event within a period of four weeks from the date of receipt of a copy of the order of this Hon’ble Tribunal; and

(c) Pass such other order or orders as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicant, an Ex-Principal of Kendriya Vidyalaya Sangathan with over thirty-two years of service, was proceeded against under Rule 14 of the CCS (CCA) Rules, 1965 by Memorandum of Charge dated 27.10.2023 on two Articles of Charge. Article-I alleged that, as Principal, Kendriya Vidyalaya, Waltair, he granted 197 admissions beyond the approved strength to ineligible DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@

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candidates between 07.04.2021 and 01.08.2022. Article-II alleged that he allowed a part of the Vidyalaya’s premises to be used by a third party for coaching without the Regional Office’s permission. The Inquiry Officer held Article-II not established and, on Article-I, recorded that individual responsibility could not be conclusively determined. Even so, by order dated 06.07.2026 the Disciplinary Authority i.e. the 3rd Respondent, imposed the major penalty of “Removal from Service”. The applicant filed a statutory appeal under Rule 27 on 22.07.2026, citing, among other grounds, non-supply of original documents and witness statements, denial of personal hearing, and non-compliance with Rules 14(18) and 23. It is the grievance of the applicant that the Appellate Authority i.e. the 2nd Respondent has neither considered nor disposed of it, and that he and his family have been left without any source of livelihood due to this continued inaction. He seeks a direction to the 2nd Respondent to decide the appeal by a reasoned and speaking order within a fixed time.

3. Mrs. B. Gayatri Varma, learned Senior Standing Counsel appeared on behalf of Respondent No.1 and Mr. K. Ajay Kumar, learned Standing Counsel for KVS appeared on behalf of Respondents No.2 & 3, on receipt of advance notice, and opposed the relief sought in the O.A.

4. Considering the fact that the statutory appeal dated 22.07.2026 preferred by the applicant against the order of penalty dated 06.07.2026 is still pending, we are of the view that the O.A. can be disposed of at the admission stage, directing the 2nd Respondent, being the Appellate Authority, to dispose of the DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@

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said appeal by a reasoned and speaking order within a period of two (2) months from the date of receipt of a copy of this order, in accordance with law.

5. The O.A. is disposed of accordingly without prejudice to the rights and contentions of either side. It is needless to mention that the merits of the case have not been gone into. Pending M.As., if any, are also disposed of. No order as to costs.

(SHALINI MISRA)

(MANISH GARG) ADMINISTRATIVE MEMBER

JUDICIAL MEMBER

/pv/

DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@

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