SC upholds summary sack of teacher for sexual assault of girls

The Supreme Court has held that a teacher involved in sexual assault of girl students can be summarily dismissed through in-house procedure without the need for going through routine departmental proceedings.

Last Updated: Sep 08, 2010, 00:14 AM IST

New Delhi: The Supreme Court has held that
a teacher involved in sexual assault of girl students can be
summarily dismissed through in-house procedure without the
need for going through routine departmental proceedings.

A Bench of Justices G S Singhvi and Asok Kumar Ganguly,
in an order, upheld the termination of Rathin Pal, a music
teacher Kendriya Vidyalaya Sangathan, NTPC Farakka, West
Bengal, who indulged in immoral sexual behaviour with five
girl students of Class V.

On the basis of the complaint lodged by the children`s
parents, the school Principal constituted a team of nine
teachers, including lady teachers, to conduct an in-house
inquiry into the allegations, which held the accused guilty of
the charges.

A further inquiry was conducted by N R Murali, Education
Officer and the Principal, Kendriya Vidyalaya, Garden Reach,
Calcutta, which confirmed the charges, following which the KV
Sanghatan, Commissioner terminated his services without any
further inquiry.

The section gives powers to the authority to adopt
summary dismissal of an employee under exceptional
circumstances.

Rathin Pal challenged his termination before the
appellate authority and the Central Administrative Tribunal
which dismissed his appeal since no further inquiry was needed
as his action caused serious embarassment to the victims and
the entire institution.

However, the Calcutta High Court quashed his termination
on the ground that he was sacked in an arbitary manner and
directed his reinstatement with 40 per cent back wages.

Aggrieved, the Commissioner, K V Sanghatan, appealed in
the apex court.

Upholding the dismissal, the apex court noted that the
evidence on record revealed that two of the parents disclosed
that the teacher even went to the extent of threatening them
if the complaint was not withdrawn. PTISC upholds summary sack of teacher for sexual assault of girls

-PTI