* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 21^st July, 2023 + W.P.(C) 286/2012 BHUSHAN TRIPATHI ..... Petitioner Through: Appearance not given versus SAMARTH SHIKSHA SAMITI (REGD) AND ORS ..... Respondents Through: Mr.Rajesh Gupta and Mr.Harpreet Singh, Advocates Ms.Latika Chaudhary, Advocate for R-6 CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The petitioner by way of the present petition under Articles 226 and

227 of the Constitution of India has sought the following reliefs: “(a) accept the present writ petition, issue an appropriate writ or writ of mandamus and directions for allowing the appeal, thereby quash/set aside the impugned order dated 18.05.2011 (Annexure P in appeal no.43/2003, passed by Delhi School Tribunal, order of dismissal from service dated 04.11.2003 (Annexure P-1), passed by respondent no.1, order of suspension dated 05.03.2002 (Annexure P-4) and enquiry Signature Not Verified Digitally Signed W.P.(C) 286/2012 Page 1 of 28 report dated 27.06.2003 (annexure P-13) with all consequential benefits; and (b) the petitioner be further ordered to be reinstated in service with all consequential benefits of the arrears of pay, allowances and increments etc.

(c) To call for the records from Delhi School Tribunal in respect of Appeal no.43/2003 and the records from the respondents for perusal and scrutiny.

(d) Cost of the petition may also be allowed in favour of the petitioner and against the respondents.

(e) Pass any other such further orders(s), which this Hon’ble Court deem fit and proper in favour of the petitioner in the facts and circumstances of the case as well as in the interest of justice.”

BACKGROUND

2. The relevant facts necessary to be reiterated for proper consideration of the instant petition are discussed hereafter:

a. The respondent no. 1, Samarth Shiksha Samiti, is a registered society running various recognised schools in Delhi, one of which is Sanatan Dharam Saraswati Bal Mandir, West Punjabi Bagh, New Delhi, i.e., respondent no. 2 before this Court. The petitioner started working at the respondent no. 2 School on 1^st October, 1990 as a music teacher and was teaching students up to class X.

b. On 11^th June 1992, the services of the petitioner were Signature Not Verified Digitally Signed W.P.(C) 286/2012 Page 2 of 28 terminated. Pursuant thereto, the petitioner approached the Delhi School Tribunal by was of filing Appeal bearing No. 28/91 challenging the order of termination of services. The said appeal was allowed in favour of the petitioner and the School was directed to reinstate the petitioner in service.

c. During the course of his employment, upon a complaint by parents of a girl student of Class VI, certain allegations of cruelty, sexual harassment and outraging the modesty of a girl student were levelled against the petitioner. According to the allegations, on the intervening day of incident, i.e., 13^th February 2002, the petitioner called upon the complainant girl student to the home science lab of the School and 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 petitioner threatened the girl student to prevent her from disclosing this incident to anybody. The girl student, on 14^th February 2002, told her parents about the incident that her music teacher had misbehaved with her and abused her.

d. Subsequent 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 petitioner regarding the incident on 13^th February 2002. The petitioner denied all allegations levelled against him and attributed the complaint to be a result of a deep-

rooted conspiracy to remove him from the School.

Signature Not Verified Digitally Signed W.P.(C) 286/2012 Page 3 of 28 e. The petitioner was then placed under suspension from 5^th March 2002 on contemplation of a departmental inquiry against him. Subseq