HC relief to teacher who hit student; considers request for migration
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Madurai:
Madras high court
has directed the conclusion of disciplinary proceedings against the teacher of an aided school in Madurai district who slapped a student using a slipper, and subsequently tendered his apology to the student and his parents.
The court also considered his request favourably for migration to another school.
The court was hearing the petition filed by K Ramesh, who was working as a PG assistant (English) teacher in a govt-aided school in Madurai district. In June 2024, while the petitioner was taking class for the Class XII students, a student repeatedly interrupted the class. On sudden provocation, the petitioner slapped him with a slipper.
Based on a complaint lodged by the parents of the student, disciplinary proceedings were initiated against the petitioner, and he was placed under suspension.
The petitioner submitted an application for voluntary retirement; however, he subsequently withdrew it and opted for migrating to another aided school. However, his request for migration was rejected by the school management. Hence, the petitioner filed the present petition challenging the suspension order and seeking permission to migrate to another school.
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Ramesh's counsel submitted that the petitioner apologised immediately to the student and his parents. The parents also withdrew the complaint. Considering the happenings, it would be awkward for the petitioner to continue in the same school, which is why he opted for migration to another school.
Justice B Pugalendhi observed that the teacher also submitted a representation seeking migration to another school and enclosed various medals, certificates, and letters of appreciation received from competent authorities over his 22 years of service.
The petitioner's service record prior to this incident was unblemished and marked by competent and dedicated performance.
"While the act of physical misconduct is unacceptable, the court is of the opinion that a lenient and balanced view is warranted in light of his otherwise clean and commendable service record; his willingness to take responsibility for the incident; and the fact that he himself requested to be transferred," the judge observed.
Hence, the judge directed that the disciplinary proceedings initiated against the petitioner shall be formally concluded based on available records and submissions. Subject to the availability of a willing recipient school and the formal closure of proceedings without the imposition of a major penalty, the request for migration may be favourably considered.
Such migration, although sought by the petitioner, shall be deemed adequate to address the institutional concerns and is considered a sufficient administrative measure under the circumstances. Until such time, the existing order of suspension shall remain in force. Such exercise shall be concluded as expeditiously as possible, preferably within four weeks, since the next academic year is about to commence, the judge directed.
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