Saurabh Malik
Chandigarh, April 26
The Punjab and Haryana High Court has ruled that the court was required to show the door — instead of mercy — to a teacher after it was duly established that he sexually harassed girl students. This, the Bench asserted, was required to protect the dignity of innocent and helpless girls.
The direction came as Justice Mahabir Singh Sindhu ordered the setting up of a 24×7 toll-free number at all District Institutes of Education and Training (DIET) across the state and posting of a regular principal at Barkandi DIET.
Justice Sindhu also directed that the toll-free numbers should be displayed at a conspicuous place in every institute. Grievance, if any, would be redressed promptly by a designated officer. Quarterly reports were also directed to be prepared to prevent, control and monitor the recurrence of sexual harassment cases.
Justice Sindhu also set a four-month deadline for the submission of a compliance report after quoting philosopher and political theorist Thomas Paine as saying: “One good schoolmaster is of more use than a hundred priests.”
The matter has its genesis in a news report “Sexual abuse: DIET students accuse Education Department of inaction” carried in these columns of The Tribune on February 15, 2018. Taking cognisance of the report, Punjab Education Secretary instructed State Council of Education Research and Training Director to look into the matter.
In his report dated July 20, 2018, submitted after recording the statements of teaching and non-teaching staff, the director recommended disciplinary action against four DIET lecturers posted during 2015-17 session.
Former Additional District and Sessions Judge BC Gupta, appointed to conduct a regular inquiry, submitted his report dated January 28, 2020, thereby proving the charges against the petitioner and two others. Another lecturer was found innocent. All “three delinquents” were supplied the copies of inquiry report separately. The competent authority, after considering their response, dismissed the petitioner and another from service.
Dismissing the petition, Justice Sindhu asserted: “In such cases, ‘insufficiency of evidence’ is not a ground to interfere with the findings arrived at by the authorities; rather mere preponderance of evidence shall serve the desired purpose.”
Justice Sindhu asserted a regular departmental inquiry was conducted by a retired judicial officer. The court would accord full credence to the conclusion recorded, thereby proving the charge against petitioner.
A prosecution witness gave a report to the Muktsar District Education Officer that stated that second year students were frightened and feeling insecure.
Protection Officer Dr Shivani Nagpal, in her report dated February 13, 2018, concluded the petitioner used to do “wrong things with girl students and quoted two definite instances”. “The petitioner wasn’t an ordinary employee, but a teacher. Yet he tried to exploit girl students, which ‘in the opinion of the court is condemnable’.”
Orders to set up 24×7 toll-free no.
The direction came as Justice Mahabir Singh Sindhu ordered the setting up of a 24×7 toll-free number at all District Institutes of Education and Training (DIET) across the state and posting of a regular principal at Barkandi DIET.
Punjab and Haryana High Court: Must show door to teacher harassing pupils
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