Court Finds Dismissal for Consensual Relationship Disproportionate; Directs Disciplinary Authority to Re-evaluate Punishment
In a significant judgment, the Allahabad High Court has directed the Disciplinary Authority of Motilal Nehru National Institute of Technology (MNNIT) to reconsider the punishment imposed on Rajesh Singh, a former lecturer at the institute, who was dismissed from service due to a consensual relationship with an ex-student. The court found the penalty of dismissal shockingly disproportionate given the circumstances surrounding the case.
The petitioner, Rajesh Singh, had been serving as a lecturer in the Department of Computer Science and Engineering since March 1999. The controversy arose following a written complaint by an ex-student, Valentina Kujur, who alleged that Singh had made physical relations with her during her tenure as a student from 1997 to 2000. Although their relationship continued consensually even after Kujur left the institute, the complaint was lodged when Singh became engaged to another woman, leading to his suspension and eventual dismissal.
Justice Saurabh Shyam Shamshery, presiding over the case, noted that the disciplinary proceedings against Singh did not adhere to the prescribed procedures, including the issuance of a charge sheet and the opportunity for cross-examination, which are essential under the principles of natural justice. The court emphasized that the One Man Inquiry Commission, which found Singh guilty, could not bypass these procedural requirements.
The court pointed out that while Singh admitted to the relationship, it was consensual and continued for three years post Kujur’s departure from the institute. The judgment highlighted that the punishment should be proportionate to the misconduct. It stated that the dismissal based on a moral judgment about the teacher-student relationship was disproportionate, especially considering the absence of other complaints against Singh during his tenure.
Justice Shamshery acknowledged the importance of maintaining high moral standards in teacher-student relationships but also recognized the consensual nature of the relationship and the lack of other allegations. He observed that the penalty of dismissal with disqualification for future employment was excessive and directed the Disciplinary Authority to reconsider the quantum of punishment, potentially opting for a minor penalty instead.
The court’s decision reflects a nuanced understanding of the complexities involved in cases of consensual relationships between teachers and students, emphasizing the need for proportionate disciplinary actions that account for the specific circumstances of each case.
Bottom Line:
Disciplinary proceedings against a teacher must adhere strictly to the prescribed procedure, including principles of natural justice, and consider the gravity of misconduct while determining the quantum of punishment.
Statutory provision(s): Section 49-A, Section 49-D of the State Universities Act, 1973, Clause 16.04 of the First Statutes, 1976 of University of Allahabad, Principles of Natural Justice.
