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Rajasthan High Court Upholds Termination of KVS Teacher for Sexual Misconduct, Cites 'Deplorable' Act

Jaipur: The Rajasthan High Court has upheld the termination of a Kendriya Vidyalaya primary teacher accused of sexual harassment against a Class VI student, stating that such an "immoral, deplorable" act warrants no sympathy. The division bench of Justice Vinit Kumar Mathur and Justice Ravi Chirania dismissed the teacher's writ petition, affirming that the disciplinary proceedings conducted by the Kendriya Vidyalaya Sangthan (KVS) were fair and the punishment was justified.

Case Background

The case originates from a complaint filed on February 6, 2015, against the petitioner, a primary teacher appointed in 1990. The complaint alleged "immoral sexual harassment and misbehavior" with a female student. Following the complaint, KVS constituted an inquiry committee which confirmed the allegations. A subsequent summary inquiry also found a prima facie case against the teacher.

Based on these findings, the petitioner was served a show cause notice under Article 81(B) of the KVS Education Code. After considering his reply, the disciplinary authority terminated his services on October 16, 2015. The teacher challenged this decision before the Central Administrative Tribunal (CAT), Jaipur, which dismissed his application on August 28, 2024, leading to the present writ petition before the High Court.

Arguments in Court

The petitioner’s counsel vehemently argued that his client was falsely implicated. He contended that the complaint was orchestrated by a fellow teacher, Ms. Sadhana, as retaliation for his objection to her conducting private tuitions. The petitioner also pointed to alleged contradictions in the victim's statements and claimed that other students were pressured to testify against him. He asserted that the termination was a "short-circuit method" that violated the principles of natural justice and the mandatory procedure under Article 81(B) of the Education Code.

High Court's Rationale and Judgment

The High Court, after reviewing the case records, dismissed all arguments raised by the petitioner. The bench began its judgment by emphasizing the high regard for women in Indian society and the gravity of the offense, especially when committed by a teacher responsible for shaping young minds.

> "The petitioner, who is a teacher in Kendriya Vidyalaya, has not only committed a shameful act but has also engaged in immoral conduct. Therefore, at the very outset, no sympathy can be extended to such a person," the Court observed.

The Court found no reason to disbelieve the statement of the child victim, noting that neither the child nor her family had any enmity towards the petitioner. The allegation of a conspiracy by another teacher was dismissed as an "afterthought," with the court finding it "hard to believe that Ms. Sadhana will take the services of a small child to settle her personal scores." The bench also noted that eight other students had corroborated the incident.

On the issue of procedural fairness, the Court held that the KVS had complied with the principles of natural justice. > "The respondents have duly complied with the mandate of Article 81(B) of the Education Code as a show cause notice was served upon the petitioner to which a detailed reply was filed by him and the same was duly considered by the competent authority," the judgment stated.

The Court concluded that the punishment of termination was "justified and is commensurate with the offense alleged." It further affirmed the CAT's decision, stating that the victim's statement alone was sufficient to establish the allegations.

Final Decision and a Directive on Victim's Anonymity

The writ petition was dismissed for lack of merit.

In a concluding note, the High Court pointed out that the CAT's order had mentioned the name of the minor victim. The bench took the opportunity to remind all judicial officers of the Supreme Court's guidelines, directing them to "refrain from mentioning the names of minor children in such matters while passing orders or judgments."