A math teacher, who was convicted in 2018 for sexually harassing students at an Andheri school, has won his job back at the same institution following the order of the school tribunal last December. He was convicted under the Protection of Children from Sexual Offences (POCSO) Act.
A school tribunal is a state government body that looks into schoolrelated matters. He resumed teaching duties at the school in January & will also get back wages from the time he was terminated in Oct 2018.
The school management didn't reply to News Agency’s queries about the development. Mirrorvisited the school on Tuesday, but a representative of the school trust said the official concerned wasn't in school & couldn't be reached on the phone. The representative said the trust official will be available on Wednesday or Thursday. “ He may have been reinstated, but there is no one authorised to speak right now,” the representative said.
A new trust, that runs several other institutions in the city, has taken over the school’s operations. A trustee from the former trust confirmed that the teacher was reinstated in accordance with the tribunal's directions.
On Aug 13, 2018, a special court convicted the teacher & sentenced him to three years in prison. He got bail the same day. His appeal against the order of conviction is pending before the Bombay HC. News Agency had reported how the teacher was reinstated two months after the conviction. Following a hue & cry from educationists & parents’ groups over his reinstatement, the administration swung into action & the teacher was terminated. But he has now been reinstated once again.
The tribunal relied on Section 33 (6) of the Maharashtra Employees of Private Schools rules, which prevents the school management from initiating any action till the lower court’s decision is confirmed by a higher court. “The management appears to have been fully aware about the governing provision that is rule 33(6), but the services of the appellant were terminated & the termination was not withdrawn even after the disclosure of appeal against the said conviction,” the tribunal said.
It held that the teacher was entitled to be reinstated with full back wages & could continue in service till the HC confirmed his conviction. The tribunal observed that the teacher was convicted on the lesser charge of putting his hands in the back pockets of the trousers, that made the students feel awkward. However, he was acquitted on the principal charge of inappropriately touching the students, which couldn't be proved. “Once the tribunal gives the order we are bound to follow it,” Anil Sable, education inspector, Mumbai West said.
The school principal who was the whistle-blower in the case & who fought a long battle to get the teacher convicted at a great personal & professional cost said she was at a loss for words. “I suffered so much. I put everything at stake & at the end of the day a Protection of Children from Sexual Offences (POCSO) convict can be reinstated,” she said.
A parent of one of the affected students, a former student of the school, has written to the Chief Minister’s Office opposing the teacher’s reinstatement.
The teacher didn't respond to News Agency’s calls & messages.
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