IMPORTANT POINT
The court upheld the dismissal of the appellant based on the proven charges of gross misconduct, misbehavior, and sexual harassment against a minor female student.

JUDGMENT

1. The present appeal challenges the order dated 21st July, 2023 passed by the learned Single Judge in W.P.(C) 286/2012, whereby the writ petition filed on behalf of the appellant has been dismissed. By the impugned order, the learned Single Judge has confirmed the order dated 18th May, 2011 passed by the Delhi School Tribunal ("DST") in Appeal No. 43/2003 which upheld the order of dismissal of the appellant from service dated 4th November, 2003 passed by respondent no. 1.

2. The brief facts of the case are as follows:

2.1. The appellant started working with the respondent no. 2/School on 01st October, 1990 as a music teacher and was teaching students up to 10th class.

2.2. On 11th June, 1992, the services of the appellant were terminated. Appeal filed on behalf of appellant before the DST, being Appeal No. 28/1991 was allowed, pursuant to which the appellant was reinstated back in service.

2.3. A complaint was received against the appellant by parents of a girl student of 6th Class. According to the allegations, on the intervening day of incident i.e. 13th February, 2002, the appellant called upon the complainant-girl student to the Home Science Laboratory of the school. When she was alone, he told her that he liked her, proposed to her and forcefully kissed her hand. It was also alleged that the appellant threatened the girl student to prevent her from disclosing this incident to anybody. The girl student told her parents about the incident on 14th February, 2002 that her music teacher had misbehaved with her and abused her.

2.4. Pursuant to a written complaint made by the parents of the girl student to the Vice-Principal of respondent no. 2/School, a Show Cause Notice was issued to the appellant. Subsequently, the appellant was placed under suspension from 5th March, 2002.

2.5. A charge-sheet containing Article of Charges was served upon the appellant vide Memo dated 20th December, 2002 and the appellant was asked to submit his statement of defense. Departmental Enquiry was held. Subsequently, on 16th July, 2003, the appellant was served with the Enquiry Report and was asked to show cause as to why the penalty of dismissal may not be imposed upon him. Appellant made a representation against the said Show Cause Notice. Ultimately, he was dismissed from service on 4th November, 2003.

2.6. Aggrieved by his dismissal order, the appellant approached the learned DST in Appeal No. 43/2003, which came to be dismissed vide order dated 18th May, 2011. The appellant challenged the order passed by the learned DST in a writ petition, being W.P.(C) 286/2012. The said writ petition filed on behalf of the appellant was dismissed by the impugned order dated 21st July, 2023, against which, the present appeal has been filed.

3. On behalf of the appellant, it is contended that the appellant has been made victim of conspiracy and he was ousted from the service on account of his legal demands for fixation of his pay as per Fourth and Fifth Pay Commission. The appellant remained unrepresented by any Defense Assistant. On the contrary, the Enquiry Officer, who was having close connection with school management, was a practicing advocate and an expert, while appellant was not having any knowledge regarding conduct of the Departmental Enquiry. The appellant has been meted out with grave injustice and Principles of Natural Justice have been grossly violated. The appellant wanted to engage Shri K.K. Dubey, Advocate as his Defense Assistant. However, the said request of the appellant was rejected.

4. Per contra, on behalf of the respondent, it is submitted that the impugned order passed by the learned Single Judge is justified.

5. We have heard learned counsel for the parties and perused the record.

6. At the outset, it is noted that there were serious allegations against the appellant, who was a music teacher, involving a minor female student. The complaint received against the appellant from the parents of the complainant girl student, reads as under:

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