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2019 Supreme(SC) 413

UDAY UMESH LALIT, INDIRA BANERJEE
SECRETARY, LUCY SEQUEIRA TRUST – Appellant
Versus
KAILASH RAMESH TANDEL – Respondent


Advocates Appeared:
For the Parties :Mr. Suresh Kumar Panicker, Advocate, Mr. G. Prakash, Advocate, Mr. Jishnu M.L., Advocate, Ms. Priyanka Prakash, Advocate and Ms. Beena Prakash, Advocate

JUDGMENT

Uday Umesh Lalit. J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 04.09.2017 passed by the High Court of Judicature at Bombay in Writ Petition No .4383 of 2017.

3. Respondent No. 1 was appointed as Assistant Teacher on 01.09.2004 in a school run by the Appellant. A warning was issued to him on 04.05.2009 for his objectionable behavior with adolescent girl students in said school. On 14.12.2012, mother of a teenaged student [Names of these students are withheld.] made a complaint against Respondent No. 1, pursuant to which a memo was issued to him on 24.01.2013. Another student* filed an FIR (C.R. No. 67/13) dated 05.02.2013 against him alleging commission of offence punishable under Section 509 IPC. A letter was also received from the Police Station, Dindoshi, seeking response from the Head Master of the school regarding the incident mentioned in said FIR. The same student, thereafter, filed a written complaint on 11.02.2013 against him.

4. On 15.02.2013, the Appellant wrote to the Education Inspector about the FIR as aforesaid and sought permission to suspend Respondent No. 1 and to conduct an enquiry in the matter. A letter was also iss



























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