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Supreme Court of India 2019-04-08 allowed

SECRETARY LUCY SEQUEIRA TRUST vs KAILASH RAMESH TANDEL

Bench: 2 — Uday Umesh Lalit, Indira Banerjee

In Brief

A school terminated a teacher's employment following allegations that he sexually harassed adolescent girl students. The school held a disciplinary inquiry where five student witnesses testified; two inquiry committee members refused to issue findings, citing pending criminal proceedings. The school relied on the inquiry convenor's recommendation and terminated the teacher. Lower courts remitted the matter for fresh inquiry. The Supreme Court held that departmental and criminal proceedings are independent; the standard of proof differs (probability vs. beyond reasonable doubt), and management may act on disciplinary charges despite pending criminal cases. The court affirmed the termination order, emphasizing that sexual harassment of minors demands heightened sensitivity and urgent protective action.

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Sexual Harassment Employment Law Disciplinary Action Child Protection Departmental Proceedings Criminal Proceedings School Management Educational Institutions

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