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Apex court stays High Court order to reinstate teacher

Legal Correspondent

He was dismissed from service for molesting five girls

NEW DELHI: The Supreme Court has stayed a Calcutta High Court judgment that directed the Kendriya Vidyalaya Sangathan (KVS) to reinstate a music teacher who was dismissed from service for molesting five girls.

A Bench of Justices A.K. Mathur and Aftab Alam stayed the High Court judgment and all further proceedings pursuant thereto after hearing counsel for the KVS, S. Rajappa.

The Bench issued notice to respondents Ratin Pal and others.

Last week, the apex court upheld the dismissal of a Kendriya Vidyalaya teacher for assaulting the Principal.

The five students of Class V of Kendriya Vidyalaya, NTPC, Farakka, gave written complaints that the teacher, Ratin Pal, misbehaved with them while teaching them harmonium in a bolted music room.

Summary enquiry

After a summary enquiry, the teacher was dismissed from service under Rule 81 (B) of the Education Code, viz., “termination of services of an employee found guilty of immoral behaviour towards students.”

The Calcutta Bench of the Central Administrative Tribunal rejected the teacher’s petition challenging the dismissal.

On the question of holding summary inquiry, the Tribunal said: “This is a situation where it is not expedient to hold a regular inquiry as it will cause serious embarrassment to the students and parents and would vitiate the atmosphere of the school.”

Reinstated

On appeal, the High Court directed reinstatement of Mr. Pal with 40 per cent back wages and holding of a proper inquiry.

The present appeal by the KVS was directed against this judgment.

It was contended that the exercise of the power by the Commissioner was based on materials and, therefore, it was not required for him to conduct an inquiry himself.

It sought quashing of the impugned judgment and interim stay of its operation.

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