ELDHO K.JOSEPH Vs. CHAIRMAN

JUDGEMENT

(1.) THE petitioner, who is a Trained Graduate Teacher (Physical Education) working in the Navy Children School at Kochi and under suspension pending disciplinary enquiry, is before this Court seeking to reinstate him in service with all monetary benefits from the date of suspension and to set aside Ext. P16 (a) proceedings/report of the Summary Enquiry Committee, the same having been prepared allegedly in violation of the relevant rules and principles of natural justice .

(2.) THE Navy Children School, Kochi, where the petitioner is working, is stated as under the Management of Navy Education Society, a Body registered under the relevant provisions of the Societies Registration Act. The school, which is in the un-aided sector, is affiliated to the Central Board of Secondary Education (CBSE).

(3.) IN the course of events followed, the Management procured Ext. P6 complaint from a lady staff/teacher by name Vinitha Joy, who complained that the petitioner was disturbing her by going to her home at nights by ringing bells and by such other means, which led to an enquiry against the petitioner alleging sexual harassment as borne by Ext. P7. Though the petitioner submitted Ext. P8 reply, the Management of the School was not satisfied with the same and the petitioner was placed under suspension as per Ext. P10 order dated 21.04.2012. The case of the petitioner is that pursuant to the notice issued by the enquiry Committee, the petitioner appeared before the Committee and answered the questions raised. But the petitioner was not given adequate and effective opportunity to prove his innocence. The statement of witnesses was taken never in his presence and the petitioner was never permitted to cross examine the witnesses as well. Several communications and correspondences followed and the Committee submitted 'Summary Enquiry Report' as borne by Ext. P16(a), stated as not correct or liable to be acted upon, which in turn is under challenge .