Thursday, April 12, 2007

This teacher not fit to be in service

A teacher found misbehaving with a girl student of an engineering college when assigned the duty of her guardian in hospital during her illness was not found to be fit to continue in the service by the Supreme Court. It also set aside an order for his restoration on the job.
The court took note of the girl’s statement on how the behaviour of the teacher had traumatised her after he became physical with her in the garb of providing her solace during her illness in spite of her repeated protests and preventing him from doing so by a fellow student.
The judgement was delivered by a Bench of Justices A.K. Mathur and Lokeshwar Singh Panta 14 years after the incident that took place in March, 1993.
“I did not like his behaviour. I remained in mental tension for many months. Whenever I think about this incident, I felt uncomfortable and hated myself. I am unable to bear this tension,” said the victimised girl in her statement as recorded in the judgement written by Justice Panta for the Bench.
Setting aside the order of the Allahabad High Court, which restored the service of L.M. Upadhyay, mathematics lecturer of Kumaon Engineering College in Uttarakhand, the apex court said the impugned verdict was not “legal and justified”.
Though Upadhyay had resigned from the service after the incident came to light, fearing condemnation, he later moved the high court, taking a plea that he was forced to resign under duress by the Principal.
The court took into account the reports of the Dean, Students Welfare (DSW), and magisterial inquiry against the teacher.


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