NDLI: The Secretary, Lucy Sequeira Trust and Anr. Vs. Kailash Ramesh Tandel and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	objectionable behavior with girl students Teacher Inquiry Committee Service Law Termination
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Protection of Children from Sexual Offences Act, 2012 (32 of 2012)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Termination – Respondent No.1 appointed as Assistant Teacher in school run by the Appellant – Warning issued to respondent no.1 for his objectionable behavior with adolescent girl students in the school – Inquiry Committee constituted consisting of the Convenor, Nominee of the appellant, Nominee of respondent no.1 and a State Awardee Teacher– Respondent no.1 terminated from service – School Tribunal, Mumbai Region, Mumbai partly allowing the appeal filed by the respondent no.1, remitted the matter for fresh consideration and also directed reinstatement of respondent no.1, notionally for the purpose of conducting the inquiry – Challenged by the appellant – Dismissed – On appeal, held: Two FIRs were filed pursuant to reporting that respondent no.1 was guilty of objectionable behavior with adolescent girl students in the school – In both the FIRs the charge-sheets stand filed – Prima facie, the allegations made in the FIR were found sustainable in police investigation and respondent no.1 is presently accused of having committed said offences – Conclusion by the Convener in the report that the charges were sensitive and that the case called for strict action, was absolutely correct – Reports of the Nominee of respondent no.1 and the State Awardee Teacher not only show complete lack of sensitivity but they also unnecessarily got bogged down by question whether any action on their part would amount to contempt of court (pending criminal proceedings) or not – Departmental proceeding and proceedings in criminal court are completely different – Allegations made against respondent no.1 were of such level that an immediate action on the departmental front was required to be undertaken and such action by its very nature had to be completely independent – Whether any criminal trial was pending or not would not be having any bearing on the pending issue before the Inquiry Committee – Approach adopted by the Management was fair and transparent – Decision of the Tribunal and the High Court, set aside – Order of termination passed by the appellant, affirmed.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 477
Petitioner	The Secretary, Lucy Sequeira Trust And Anr.
Respondent	Kailash Ramesh Tandel And Ors.
SCR	[2019] 6 S.C.R. 507
Judgement Date	2019-04-08
Case Number	3456

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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The Secretary, Lucy Sequeira Trust and Anr. Vs. Kailash Ramesh Tandel and Ors.

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