SC upholds dismissal of teacher

The Supreme Court has held that a teacher involved in sexual assault on girl students can be summarily dismissed after an in-house procedure.

A Bench of Justices G S Singhvi and Asok Kumar Ganguly,in an order,upheld the termination of Rathin Pal,a music teacher of 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 childrens parents,the school principal constituted a team of nine teachers,including women 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,Kolkata,who confirmed the charges. Following this,the Kendriya Vidyalaya Sanghatan Commissioner terminated Pals services without any further inquiry.

Rathin Pal challenged his termination before the appellate authority and the Central Administrative Tribunal which dismissed his appeal.

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

The Commissioner,K V Sanghatan,then appealed to the apex court.