ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, in this case, is a Hindi Teacher, who was appointed on 14.11.1995. On 24.04.2010, FIR No. 87 under Sections 451, 354 and 376 IPC was registered in Police Station Sadar Sirsa. The allegations in the FIR were that the petitioner, who was teaching in Government High School, Shahpur Begu, Sirsa, had committed the above-mentioned offences by sexually exploiting a 17 years old girl student of Class X. Initially, the petitioner started visiting the house of the girl, who had another sister aged 15 years a class VII student and a brother, on the pretext of asking her mother to help him in getting a room on rent. He had been, thereafter, frequenting the house and after some days, called the elder daughter at his room on 16.02.2010 and gave her a mobile phone and committed rape on her. Again the girl was called under threat on 19.03.2010, which was the last date of the examinations, by stating that she would be declared 'fail' and something wrong would be done with her parents. Frightened, she went to the house of the petitioner, who was a Hindi Teacher, and there again she was raped. She was shown porn films on the mobile and thereafter he committed the heinous crime with her as in the film. Thereafter, she was called twice and the offence of rape was again repeated on her but this was all done under threat and duress. She was again called on 15.04.2010 and when she refused, she was threatened that she would be exposed and immoral pictures would be pasted on the streets after making posters of the same. She took along with her younger sister but on that day, no wrong was committed with her. Out of fear, she did not disclose this fact. On 20.04.2010 on 8 P.M., both the sisters left the house without informing their parents and thereafter, they came to know that they had gone to Delhi and both came back via Hissar.

(2.) On the registration of the FIR, the District Education Officer, Sirsa was called upon to look into the matter as the news was published in various newspapers. The District Education Officer enquired into the matter and sent a report dated 02.05.2010 (Annexure R-1), which contained the statements of both the girls, their parents, Head Master of the School, medical report of the elder girl and that of the petitioner and a certified copy of the FIR. On the basis of the allegations made against the petitioner and taking into consideration the statements made by the two girl students, their parents and the medical reports of the victim girl student as also the petitioner, order dated 03.05.2010 (Annexure P-2) was passed by the Director, School Education, Haryana, dismissing the petitioner from service with immediate effect in exercise of powers under Rules 7.2 (b) and (3) of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (hereinafter referred to as '1987 Rules') read with Article 311 (2) (b) of the Constitution of India.

(3.) In the criminal case, which was registered against the petitioner, trial was held, in which all the witnesses resiled which led to the acquittal of the petitioner as there was no evidence against him. The statement under Section 313 Cr.P.C. was also not recorded and the petitioner was acquitted of the charges framed against him vide order dated 03.09.2010 under Sections 451, 376 IPC by the learned Additional Sessions Judge, Sirsa, vide judgment dated 09.10.2010 (Annexure P-3). Petitioner, thereafter, submitted a representation dated 20.11.2010 (Annexure P-4) addressed to the District Education Officer, Sirsa and the Director, Primary Education, Haryana, praying for cancellation of the order of the Director dated 03.05.2010. When nothing was heard in response to the representation of the petitioner, the present writ petition has been filed assailing the order of dismissal dated 03.05.2010 (Annexure P- 2).