Back
MANMOHAN, MINI PUSHKARNA
Bhushan Tripathi – Appellant
Versus
Samarth Shiksha Samiti (Regd. ) – Respondent
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
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.
The main legal point established is that in cases involving serious embarrassment to students and their guardians, and prima facie guilt established through a summary inquiry, the authority may dispe....
The court established that compliance with procedural requirements under the Gujarat Higher Secondary School Services Tribunal Act is essential for valid dismissal of a teacher.
Disciplinary proceedings must adhere to established procedures to ensure fairness, especially in serious allegations of moral turpitude.
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
Summary domestic inquiry under special notification valid for teacher sexual misconduct cases protecting girl students; natural justice met via document perusal and cross-examination opportunity; bia....
The right to legal representation in disciplinary proceedings is governed by specific regulations, and denial of such representation does not automatically constitute a violation of natural justice i....
A second inquiry into the same charges is impermissible without new evidence, and principles of natural justice must be upheld during departmental inquiries.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
