IMPORTANT POINT
Acquittal in criminal cases does not prevent disciplinary actions; standards of proof differ significantly.

JUDGMENT :

D. K. SINGH, J.

Education is preparation for life, and considering life a process of continuing education. Education enables us to fix lifelong objectives which require lifelong efforts to achieve and realise. The ancient system of education was that of perfection, for the development of the mind and soul of mankind. In the ancient education system, teachers were known as Rishis, individuals who had lived a full life. Rishi’s ashram was a veritable Gurukul, where the people were loved and cared for as members of the Guru’s family. The Rishi represented not only the matured worldly and scholarly wisdom but also high spiritual realisation. The Guru/teacher was assigned high and exceptional reverence. The Guru/teacher was the guide and teacher on the spiritual path. A good teacher in the ancient system of Indian Education interweaves his own life with the life of his people.

1.1 John C Maxwell said, “Students don’t care how much you know until they know how much you care”. Solomon Ortiz said, “Education is the key to success in life, and teachers make a lasting impact on the lives of their students”. “They may forget what you said, but they will never forget how you made them feel", - Carl W. Buehner. A teacher takes a hand, opens his mind and touches the heart. Teachers are role models, inspirers, influencers and touchstones in the early years of education. The teacher is responsible for shaping future leaders by positively inspiring them to be responsible community members. So, while one teaches and one learns, the real lesson is always mutual respect.

1.2 The present case is where a teacher who is accused of sexually assaulting a girl child aged 9 years, 6 months, and 9 days.

2. Heard Ms Thulasi K Raj, learned Counsel for the petitioner;

Mr Ajaiy Baskar, learned Counsel for the VKSNMALP School, and Mr V Venugopal, learned Government Pleader for the State.

Facts

3. The petitioner has been working as a Junior Language Teacher (Arabic) since 02.06.2003. An FIR as Crime No.234/2024 was registered against him at Police Station Wandoor, Malapuram District, for offences punishable under Section 354A(1)(i) read with Section 354A(2) of the Indian Penal code and Section 9(f) read with Section 10, Section 9(1) read with Section 10, Section 9(m) read with Section 10 and Section 9(p) read with Section 10 of the POCSO Act 2012.

3.1 The petitioner was arrested. However, later on he was enlarged on bail. The victim in her statement recorded under Section 164 of the CrPC stated sexual abuse by the petitioner on 04.01.2023 between 11.15 am and 12 noon and several days thereafter in the classroom of 4^th A-Division of the School. The petitioner was suspended, and disciplinary proceedings were initiated against him. After the conclusion of the Inquiry, the Inquiry Report [Ext.P11] was submitted to the Manager by the Inquiry Officer. The petitioner was issued a Memo of Charges in accordance with Rule 75 of Chapter XIV-A of Kerala Service Rules. The Memo of Charges would read as under:

“a) That the Wandoor Police registered a POCSO case as crime No.234/2024 and arrested the petitioner and produced him before the Court and he was remanded on 11.03.2024, the same is a serious dereliction of duty.

b) That the POCSO case registered against the petitioner shows serious indiscipline on his part.

c) that the aforesaid caused damage to the reputation and goodwill of the institution and the same was not bound to happen from the petitioner’s side.

d) That the petitioner is expected to act as a role model for others and the conduct of the petitioner as aforesaid cannot be accepted and the same causes damage to the institution.”

4. During the inquiry, it has been revealed that the victim was merely a 10-year-old child studying in the School, who disclosed to her mother that the petitioner, the Arabic teacher in the School, during the class of Arabic, held on the breast of the victim with sexual intention and he continued this kind of action during Arabic classes w