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by Admin
07 May 2024 2:49 AM
On 26 July 2023, Delhi High Court upheld disciplinary action taken against a teacher facing sexual harassment allegations by a female student, emphasizing the sacred nature of the teacher-student relationship. The judgment reaffirmed the significance of adhering to principles of natural justice during such proceedings.
The court meticulously analyzed the case, considering various cited judgments presented by the appellant’s counsel. It was pointed out that those decisions lacked relevance and were distinguishable on key grounds. Notably, the court underscored that previous rulings did not impact the application of principles of natural justice in the present matter.
In its ruling, the court firmly established that the teacher-student relationship holds special significance and that certain conduct by educators is legally impermissible. It emphasized that the presence or absence of consent was insignificant when evaluating the alleged misconduct of a teacher towards a student.
One of the key cases cited and distinguished was the recent decision in Aureliano Fernandes, where the court found fast-paced inquiry proceedings that violated principles of natural justice. The appellant in that case was deprived of sufficient time and opportunity for cross-examination, leading to an unfair process.
Supporting the disciplinary authority’s decision, the court noted that the appellant had acknowledged acts of indiscretion with the complainant. It further held that the authority’s action of compulsory retirement was just and fair, taken in the best interest of the educational institution.
In the words of the court, “The relationship between a teacher and student is a ‘sacred one,’ and the appellant should have stood on high moral grounds despite any alleged indecent overtures by the complainant. The acts complained of were not legally permissible in the first instance, and existence or otherwise, of consent, on the part of the ‘other party’ paled into insignificance.”
With the dismissal of the appeal, the court affirmed the judgment of the learned Single Judge, concluding that the impugned decision was not perverse, harsh, or unconscionable in any manner. Each party was directed to bear its own costs in the proceedings.
Date of Decision: July 26, 2023
PROF. AJAY TIWARI vs UNIVERSITY OF DELHI & ORS
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