Judicial review in disciplinary matters is limited; courts may not reassess evidence if proceedings followed due process and natural justice was observed.

JUDGMENT

Satish Chandra Sharma, C.J. The Appellant seeks to challenge the Order dated 23.05.2022, passed by the learned Single Judge in W.P. (C) 2622/2012, dismissing the Writ Petition filed by the Appellant herein challenging the Order dated 13.12.2011, passed by the Delhi School Tribunal (hereinafter referred to as `the Tribunal').

2. The Appellant is accused of sexual harassment and molestation of a minor girl. In order to avoid disclosing the name of the victim as well as in view of the directions of the Apex Court, the victim is being referred to as the `Complainant'.

3. The facts, in brief, leading to the instant appeal are as under:

a) It is stated that the Appellant herein is a T.G.T. Physics teacher at Delhi Public School, R.K. Puram (hereinafter referred to as `the School'). It is stated that he was assigned to teach physics to Class IXth, Section D. It is stated that the Complainant is a student of Class IX-D of the said School. It is stated that on 13.04.2006, the Complainant was called by the Appellant herein to the laboratory where she went along with her friend. It is stated that when the Complainant went to the laboratory, on seeing her, the Appellant herein said "Oh, you have come with her, do come and see me alone on Monday or Tuesday". It is stated that on hearing this, the Complainant got anxious, but she did not convey anything to anyone. It is stated that on 24.04.2006, when the Physics class was being conducted by the Appellant herein in the Physics lab, the Complainant could not perform the experiment herself and when she went to collect her copies from her table, the Appellant herein called her and told her that if she has any problem in Physics, Chemistry, Biology or even Maths, she could come to him during break or call him any time during the day or even at night.

b) It is alleged that during the said conversation, the Appellant herein kept rubbing the Complainant on her back which made the Complainant uncomfortable. It is stated that the Complainant ignored the incident. It is stated that at the end of the class, when the Complainant picked up her books and started to leave the class along with her classmates, the Appellant herein called her and when the Complainant went there, the Appellant herein handed over one empty measuring cylinder to the Complainant in one hand, a stop watch in her other hand and when the Complainant was about to leave, the Appellant herein put his hand, in which he was carrying a steel ball, in the Complainant's upper T-shirt pocket. It is alleged that the Appellant herein did not withdraw his hand and touched the Complainant "in a bad manner" and, thus sexually molested her. It is stated that the Complainant was in a state of shock and while describing the incident to her class teacher and mother, she started crying.

c) It is stated that on a complaint being filed, the Appellant herein was placed under suspension on the ground that he has exhibited lack of integrity and is involved in a conduct involving sexual harassment, moral turpitude and misbehavior towards a minor girl child which was in violation of Rule 123(b)(vii) and (viii) of the Delhi School Education Rules, 1973 (hereinafter referred to as `the Rules').

d) It is stated that on 07.06.2006, the Appellant herein was served the charge-sheet, issued by the Disciplinary Authority of the School directing the Appellant herein to submit a written statement within seven days. Along with the Charge-sheet, the Appellant herein was given the relevant documents with a list of witnesses who were to be exa