THAPAR EDUCATION SOCIETY Vs. SHYAM MAROTI BHASARKAR

JUDGEMENT

(1.) THESE two petitions were disposed of on 10th June, 1997 and the orders impugned therein passed by the School Tribunal were set aside and the appeals filed by the respondent-teachers were directed to be dismissed. The order was declared in the open Court. Following are the reasons in support of the same.

(2.) PETITIONER No. 1 in both the petitions is an Education Society registered under the societies Registration Act and runs a school which is represented herein by the Head Master and is impleaded as petitioner No. 2. Respondent No. 1 in writ Petition No. 3505 of 1993 is one Shyam Maroti bhasarkar, a teacher working in petitioner No. 2/school at Ballarpur, District Chandrapur, while respondent No. 1 in Writ Petition No. 3508 of 1993 is one Shri P. K. Pandhare, also a teacher working in the same school. Since the controversy is common to both these teachers, both the petitions were heard simultaneously and were disposed of also.

(3.) SEPARATE charge-sheets were filed against these two respondent/teachers by the management of the petitioner/school. As many as ten charges were levelled against both these teachers/respondents. Charges are practically common. They pertain to an incident which took place on 11-10-1988 on which day, the said two teachers are alleged to have taken along with them a girl called Chanda from her residential house, at night, not with honourable intention, without the permission of her parents. It is further alleged that the two respondents/teachers tried to and actually indulged in the illegal physical intimacy with the girl and thereafter since some unsocial elements decamped along with the girl, the incident was reported by these very teachers, firstly to the security Guards of the Ballarpur Industries, in whose area the school is situated. It is the further allegation that this incident was reported to the Ballarpur Police Station in the midnight by the Security Guards as also the said teachers, and the statements of these two teachers were recorded. It is also a further allegation that thereafter the father of the girl also came and reported about the missing of the girl and her having been taken away by these two teachers. It is an admitted position that on the basis of this incident and the reports made to the police station, the two teachers were arrested and the investigation proceeded against them, which facts, when became public, caused consternation in the students community and affected the working of the school also; inasmuch as the students did not allow the school to be run.