BHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally, with the consent of both sides.

(2.) The applicant-original accused No. 1 preferred present application under Section 482 of the Code of Criminal Procedure ("Cr.P.C.") seeking relief to quash and set aside criminal proceeding of Special Case No. 15 of 2018 initiated pursuant to First Information Report ("FIR") bearing Crime No. 93 of 2018 registered under Sections 354-A, 504 of Indian Penal Code ("IPC") and Sections 3(2)(iv)(v), 3(1) (r)(s), 3(1)(w)(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Bhada Police Station, Taluka Ausa, District Latur.

(3.) The prosecution case in short compass is that, the applicant is the Headmaster attached to Zilla Parishd, High School at Bhada, Taluka Ausa, District Latur. The first informant-respondent No. 2 was also the Assistant Teacher in the School of applicant. It has been alleged that the conduct and demeanour of respondent No. 2 while discharging her duty as an Assistant Teacher was not proper. There were allegations about her insubordinate behaviour. She used to come late on duty in the School, not teaching the students in proper manner. She always kept herself busy on her cell phone. She was not paying attention for checking the homework of the students. The School Committee of Zilla Parishad High School, Bhada, gave understanding to the respondent No. 2 by taking entry of the same in the General Proceeding Book dated 28-08-2017. There were complaints that the respondent No. 2/first informant asked the students of III standard to bring Rs. 350/- for the school uniform, the actual cost of which was Rs.200/-. The respondent No. 2 committed mischief of misappropriation of Rs. 150/- recovered from each student of III standard. The respondent No. 2 tendered apology for the same and thereafter, she was directed to return the excess amount charged from the students. Despite the directions, the respondent No. 2 did not comply with the same. There was Criminal complaint bearing STC No. 2616 of 2015 filed by the parents of student under section 138 of the Negotiable Instruments Act for recovery of amount misappropriated by the respondent No.2. It has been contended that since beginning the serveral notices dated 28- 06-2017, 14-07-2017, 24-07-2017, 14-09-2017, 16-12-2017, 21-12- 2017 were issued to the complainant/respondent No. 2 to afford her an opportunity for improvement. But there was no change in her behaviour. She used to give threats of dire consequences to all including present applicant. Eventually, the applicant-Headmaster moved complaint of respondent No. 2 to the Education Officer, Zilla Parishad, Latur, for action against respondent No. 2. Accordingly, in response to show cause notice issued by Education Officer, Zilla Parishad, Latur, the respondent No. 2 filed the reply on 18-06-2018 and conceded her guilt. She has also furnished undertaking to improve her conduct and demeanour while discharging the duty. She has also tendered apology for the same in her reply. The applicant produced extracts of all relevant documents on record for perusal. However, on 12-07-2018, the first informant/respondent No. 2 herein approached to the Bhada Police Station, District Latur and filed the report that on 20- 06-2018, in the noon hours when she had been to the office of Headmaster in the school to put her signature on Muster Roll, that time the applicant caught hold her hand and used obscene language. The respondent No. 2 cast allegation of sexual harassment against the applicant-Headmaster of the School.