K. Shankaraiah v. A. P. Social Welfare Residential Educational Institutions Society, Hyderabad
2024-11-13
HARINATH NUNEPALLY
body2024
DigiLaw.ai
JUDGMENT : 1. The petitioner is challenging the proceedings dated 11.04.2013 passed by the 1st respondent and the orders passed by the 4th respondent rejecting the appeal of the petitioner vide proceedings dated 29.08.2013. 2. The petitioner was working as a Cook in the 2nd respondent residential school on daily wages from 09.09.1986. Subsequently his services were regularized. The petitioner was discharging the duties of a watchman though he was recruited as a Cook. 3. The 1st respondent vide proceedings dated 02.09.2011 after considering the report of the Zonal Officer issued the orders of suspension of the petitioner pending conclusion of the disciplinary proceedings. 4. The petitioner was issued the show-cause notice dated 14.09.2011 and the articles of charge alongwith the other annexure were furnished to the petitioner. 5. The learned Counsel for the petitioner submits that there was absolutely no enquiry conducted by the respondents before passing the impugned proceedings dated 11.04.2013. It is the specific case of the petitioner that the respondents have not followed the procedure as contemplated under Rule 20 of CCA Rules for conducting the enquiry. 6. The learned Counsel for the petitioner submits that no opportunity for cross-examining the witnesses was afforded. It is also submitted that there is no complaint from the alleged victim and that the disciplinary proceedings were initiated based on a hearsay complaint(s). It is further submitted that all the girl students whose statements were recorded have not stated having witnessed the incident. The learned Counsel further submits that the petitioner was victimized and targeted by the 2nd respondent for reasons better known to the 2nd respondent. 7. The learned Counsel for the petitioner submits that the Courts have been consistently holding that any major punishment imposed without conducting an enquiry deserves to be set aside. It is also submitted that any major punishment imposed without following the procedure as contemplated under rules has to be set aside. It is further submitted that in the present case the petitioner was denied principles of natural justice in not making available the witnesses for cross-examination. 8. The learned Counsel for the petitioner submits that the procedure adopted by the respondents is unknown to the service jurisprudence and as such prays for setting aside the impugned proceedings and hence prays for consequential direction to reinstate the petitioner together with all consequential benefits including seniority etc. 9.
8. The learned Counsel for the petitioner submits that the procedure adopted by the respondents is unknown to the service jurisprudence and as such prays for setting aside the impugned proceedings and hence prays for consequential direction to reinstate the petitioner together with all consequential benefits including seniority etc. 9. The learned Assistant Government Pleader representing the respondents submits that the petitioner is facing major and serious allegations. The incident occurred at 04.00 a.m., in the morning on 24.07.2011 when the girl child studying 8th Class got up early in the morning and while she was going to her sister's room in the first floor of the hostel, the petitioner caught hold of her and pulled her towards him. The girl child bit his hand and rushed to her room, thereafter, she informed her parents who in turn requested the principal to take action against the petitioner. 10. The learned Assistant Government Pleader submits that enquiry was conducted by the Zonal Officer and charges were framed against the petitioner. An enquiry as contemplated under law was conducted. The petitioner participated in the enquiry and also submitted his arguments, as such, the petitioner cannot claim that he was not granted any opportunity. It is also brought to the notice of the Court by the learned Assistant Government Pleader that several girl students have given statements about objectionable behaviour of the petitioner and that the petitioner was also accused of peeping the girl students while they were taking bath. 11. The learned Assistant Government Pleader submits that in such cases where the minor girl students studying in social welfare residential schools are subjected to sexual harassment, there cannot be any direct evidence. It is also submitted that it is the duty and responsibility of the care taker/warden and the Principal to protect the students studying in the hostel. 12. The learned Assistant Government Pleader submits that the petitioner failed to submit his explanation when called upon and instead sought pardon for the alleged incident. It is also submitted that no interference is warranted in such cases and the respondents have taken the appropriate action for the misdeeds of the petitioner. 13.
12. The learned Assistant Government Pleader submits that the petitioner failed to submit his explanation when called upon and instead sought pardon for the alleged incident. It is also submitted that no interference is warranted in such cases and the respondents have taken the appropriate action for the misdeeds of the petitioner. 13. Considering the submissions of the learned Counsel for the petitioner and the learned Assistant Government Pleader, the reliefs sought by the petitioner cannot be granted by this Court for the following reasons : The petitioner is accused of serious incidents of misconduct. The statement of the Telugu Teacher would categorically imply the weird behaviour of the petitioner towards the sleeping girl students in the hostel. The Telugu Teacher advised the students to safely lock the doors and sleep. The statements of other Teachers also indicate that the behaviour of the petitioner is definitely objectionable and questionable. 14. The claim of the petitioner that procedure under Rule 20 of CCA Rules was not followed is unfounded. In the instant case of complaint of misbehaviour with a minor girl child, the petitioner cannot claim that he was denied the opportunity of cross-examining the minor girl child. The statement of the minor girl child is sufficient without requiring the necessity of any corroborative evidence. The reliance of the petitioner on the letter alleged to be addressed by the minor girl that she mistook the incident on 25.07.2011 and that the petitioner rendered apology and that he was excused is highly unbelievable as the said letter is neither signed nor dated. 15. In the matter of Moti Lal v. State of M.P., AIR 2008 SC 882 , the Hon'ble Supreme Court has held at Para 7 as follows ; "7. It is settled law that the victim of sexual assault is not treated as accomplice and as such, her evidence does not require corroboration from any other evidence including the evidence of a doctor. In a given case even if the doctor who examined the victim does not find sign of rape, it is no ground to disbelieve the sole testimony of the prosecutrix. In normal course a victim of sexual assault does not like to disclose such offence even before her family members much less before public or before the police.
In a given case even if the doctor who examined the victim does not find sign of rape, it is no ground to disbelieve the sole testimony of the prosecutrix. In normal course a victim of sexual assault does not like to disclose such offence even before her family members much less before public or before the police. The Indian women has tendency to conceal such offence because it involves her prestige as well as prestige of her family. Only in few cases, the victim girl or the family members has courage to go before the police station and lodge a case.........." 16. No infirmity can be pointed out either in the enquiry report or in the impugned proceedings and the impugned proceedings deserves to be upheld. The punishment imposed on the petitioner is definitely commensurate to the charges and thus cannot be termed as disproportionate to the charges framed. The technicality raised by the learned Counsel for the petitioner that the minor child was not allowed to be cross-examined has to be brushed aside as the Courts are required to examine the broader probabilities of the case and not get swayed by the insignificant discrepancies or narrow technicalities. Such cases are required to be dealt with great sensitivity. Accordingly, the writ petition deserves to be dismissed. 17. The social welfare residential schools which are set up for imparting quality education with residential facility to the rural children coming up from different socially and economically backward classes. It is the responsibility of the Teachers and the Principal to ensure that the students studying in the residential campus are safe and secure. Any incident of misbehaviour with a girl child or sexual harassment of the children by the staff working in the said residential campus will deter the parents of the children from joining their wards in such facilities. The educational imbalance amongst the rural and urban children would be severely impacted if the corrective measures are not taken up by the concerned officers in ensuring a safe, secure and hygienic atmosphere in the social welfare residential schools. 18. The enquiry report in the present case has raised serious points for consideration for the State. The incident in the present writ petition occurred in the year 2011 and even after a lapse of 13 years the state of affairs in the social welfare residential schools and hostels have not changed.
18. The enquiry report in the present case has raised serious points for consideration for the State. The incident in the present writ petition occurred in the year 2011 and even after a lapse of 13 years the state of affairs in the social welfare residential schools and hostels have not changed. Alarming incidents are reported on regular basis and insensitivity to such incidents has a serious and severe impact on the generations to come. It is high time for the Government to take up the issue and frame the requisite guidelines which are required to be scrupulously followed in all social welfare residential schools and hostels. This Court feels that the following measures would have to be taken up by the State in consultation with all the stake holders such as National Commission for Protection of Child Rights, AP State Women and Child Welfare Department and other concerned NGOs working for protection of Girl child. The following measures though may not be exhaustive but are indicative in nature and ought to be taken up in consultation with the stakeholders and others concerned for framing detailed and comprehensive guidelines within the shortest possible convenience. * Secure Premises : A proper boundary wall installed with solar powered electric fencing and a gate should be mandatory for the hostel buildings. Entry and Exit into the hostel premises should be monitored and registered in the entry/exit register. * Surveillance Systems : CCTV cameras should cover all vantage points areas such as entry points, corridors, and common areas, with restricted access to recordings for privacy and safety. Surveillance systems need regular audits to ensure they are functional and secure from unauthorized access. * Health and Hygiene : Clean and well-maintained bathroom and toilet facilities with adequate water should be made mandatory. * Screening of Staff : Comprehensive background checks for all staff members, including security personnel are critical. Periodic re-evaluation and awareness training sessions should reinforce the expectations of safety and sensitivity. * Gender-Sensitive Training : Staff members, especially those who interact closely with the girls, should be trained on gender sensitivity, communication and handling crises. This ensures a secure environment and helps girls feel comfortable reporting issues. * Clear Code of Conduct : Establishing a clear code of conduct for staff and residents alike reinforces respectful behaviour and discourages harassment or misconduct. This code should be visibly displayed and regularly communicated.
This ensures a secure environment and helps girls feel comfortable reporting issues. * Clear Code of Conduct : Establishing a clear code of conduct for staff and residents alike reinforces respectful behaviour and discourages harassment or misconduct. This code should be visibly displayed and regularly communicated. * Regular Counseling Sessions : Access to mental health professionals provides a crucial support system for the girls, helping them navigate hostel life and any personal issues. * Display of posters : Posters should be displayed at conspicuous places indicating the penalty for offences under the Protection of Children from Sexual Offences (POCSO) Act in vernacular language. * Child Protection Policies : Hostels must adhere to national child protection standards, including compliance with the Protection of Children from Sexual Offences (POCSO) Act. * Grievance Redressal Mechanism : An anonymous grievance mechanism empowers residents to report issues without fear of reprisal. Dedicated personnel should oversee complaints, ensuring swift and fair action. * Community Engagement : Involvement of parents, local authorities, and educational administrators creates a broader support system for the girl children. Community monitoring ensures greater accountability and transparency. * Self-Defence Training : Regular self-defence workshops enable girls to be proactive about their safety. Confidence in handling unsafe situations contributes to their mental and physical resilience. * Fostering Peer Support Systems : Encouraging peer groups within the hostel can strengthen the community fabric, where girls support and look out for each other, especially during distressing situations. * Safety Audits : Regular audits assess the effectiveness of safety measures, identifying gaps and areas for improvement. These audits should cover infrastructure, staff compliance and incident response records. * Feedback Mechanisms : Actively seeking feedback from hostel residents and their families offers valuable insights into areas requiring improvement. Spot and surprise surveys and regular discussions help administrators understand the unique needs of girl children in hostels. * Collaboration with Legal Authorities: Maintaining a close working relationship with law enforcement agencies helps in swift action during emergencies and ensures compliance with evolving legal standards. Such measures would ensure the holistic safety of the girl child in residential hostels which extend beyond physical security to encompass emotional well-being, empowerment and community support. 19.
* Collaboration with Legal Authorities: Maintaining a close working relationship with law enforcement agencies helps in swift action during emergencies and ensures compliance with evolving legal standards. Such measures would ensure the holistic safety of the girl child in residential hostels which extend beyond physical security to encompass emotional well-being, empowerment and community support. 19. The Registry is hereby directed to forward the copy of this Order to Ministry of Women and Child Welfare, Government of Andhra Pradesh for framing of consolidated and exhaustive mandatory guidelines for the Social Welfare Residential Schools and Hostels in State in consultation with all stake holders. 20. With these observations, this Court is of considered view that there are no valid and legal grounds to interfere with the impugned proceedings and accordingly the writ petition is dismissed without costs.