02 March, 2008

Court upholds dismissal of teacher from service

The Hindu 2 March 2008

No sympathy for one who assaulted principal, say judges
A teacher has to be a role model to the society
One who physically assaults the principal is more like a goonda
Describing a school teacher who assaulted the principal as a ‘goonda,’ the Supreme Court on Friday upheld an order passed by the Kendriya Vidyalaya Sangathan dismissing him from service.
Setting aside a Rajasthan High Court judgment quashing the dismissal order, a Bench of Justice H.K. Sema and Justice Markandey Katju said: “We regret our inability to uphold the judgment of the Tribunal as well as of the High Court.”
Writing the judgment Justice Katju said: “A teacher has to be a role model in the society. He is a ‘guru’ who sets an example for the students. A person who physically assaults the Principal of the Institution is, in our opinion, not fit to be a teacher.
He is more like a goonda. In our opinion, therefore, there was no good ground for the Tribunal to interfere with the punishment of removal awarded to the respondent. For the reasons given above, we set aside the impugned judgment of the High Court as well as the Tribunal and restore the order of removal passed against the respondent.” Serious injury
In the instant case
Satbir Singh Mahla was working as a Trained Graduate Teacher (Maths) in the Kendriya Vidyalaya, Air Force, Suratgarh. On February 23, 1999 he physically assaulted the Principal, R.D. Shah, in his office room which caused serious injury on the right eye of Mr. Shah.
The next day he submitted a written apology. However, he was charge-sheeted and an inquiry was held and the disciplinary authority passed an order of removal from service on May 1, 2000.
The Central Administrative Tribunal, Jaipur, reduced the punishment to withholding three increments for a period of five years with cumulative effect. On appeal from the Sangathan, the High Court upheld the Tribunal’s order.
The present special leave petition is directed against that judgment and the apex court allowed the appeal accepting the contentions of S. Rajappa, counsel for the Sangathan that no leniency should be shown to such a teacher.

With Thanks from The Hindu
http://www.hindu.com/2008/03/02/stories/2008030259980900.htm
For any query:- legalpoint@aol.in

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