CHANDAN SHIL SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has challenged an order dated 01.01.2021 passed by the Director of Elementary Education imposing punishment of compulsory retirement on the petitioner as also an order dated 18.03.2021 passed by the Secretary, Education (School) Department, Government of Tripura dismissing the appeal against the order of the disciplinary authority.

(2.) Brief facts are as under :

(3.) Not satisfied with the explanation of the petitioner the department instituted an inquiry under a memorandum dated 20.05.2019 which contained one charge, namely, that on the date of incident the petitioner while serving as an under graduate teacher beat Pratima Debnath, a Class-III student with bamboo stick and injured her so badly that she had to be hospitalized. This had caused mental harassment to the student also and this mode of punishment was prohibited under Section 17 of the Right to Education Act, 2009. The charge-sheet contained statement of imputation of misconduct which elaborated the allegation against the petitioner as under :