My son (11th Std) was mercilessly beaten by his sports teacher in an Ahmedabad-based Christian minority school. The beating took place in the presence of the principal who did nothing to rescue my son from the assault despite repeated cries for help. Police FIR was filed and complaint to DEO (District Education Officer) against teacher and school principal was made. School authorities set up a domestic inquiry ONLY against the sports teacher and NOT the school principal. DEO did not respond to our query why no inquiry was set up against school principal. Nor did he respond to the
The school appointed a retired judge as Inquiry Officer to conduct domestic inquiry against the sports teacher. The Presenting Officer summoned my son to appear as a witness on 24-Feb-2014. We wrote back requesting that our son should be called after his final exams were over. In our reply, we asked many questions as well as expressed our reservations/objections as we were unaware of what a domestic inquiry was all about. The Presenting Officer did not reply to our queries. Thereafter, Presenting Officer sent another notice summoning our son on 5-Mar-2014. Both the notices carried a sentence which said that we could furnish whatever evidences we wished to produce. Once again, we replied back requesting for a date after his final exams got over in mid-April so as not to traumatize our son before his exams and forwarded certain documentary evidence & CD of telephone call recordings with eye-witness students who were present at the time of the beating.
Thereafter, school authorities sent us a notice making false allegations of "arrogant and undisciplined behaviour" of our son in school - none of the allegations were true, but this was sent as a veiled threat of spoiling our son's career should we continue to pursue the civil/criminal actions. The school authorities even "banned" my entry in school slapping false allegations of my having misbehaved with a lady teacher.
Out of fear of losing his reputation by further false charges being framed against him, our son refused to attend school ! We complained to Principal Secretary - Education, Dept of Social Justice, Chief MInister, etc., but no one took any interest in his plight ! Left with no choice, we filed a civil suit just 10 days before his final exams were to commence, praying for allowing us to remain within visible proximity of our son while he attended the remaining few days of schooling and till his final exams were over. On the date of hearing, on 2-Apr-2014, our lawyer told us that the school's lawyer is suggesting that we file a "purshees" (I believe it means "consent terms"). I was against this, but our lawyer said that if we don't then, the school might do everything within it's power to spoil his reputation, career and school year. So, reluctantly, I agreed to it. The terms were that my son won't misbehave with the school teachers, students, etc. (although he never had) and that the school would give a "clean" leaving certificate against our applying for a school Leaving certificate to take our son our of the school on completion of 11th std.. From our side, our lawyer wrote that we do not admit any of the allegations of misbehavior but still assure that our son will behave while in school and that we shall apply for school leaving certificate.
As an attachment to their reply to our Civil Suit, the school authorities has furnished a copy of the Domestic Inquiry Report conducted against the sports teacher. The said report was dt. 14-Mar-2014. On perusal of the report, we realised that :
1. The school teacher was given a clean chit - his suspension was revoked and he was taken back in school.
2. The 10 witnesses who had deposed in the domestic inquiry were completely "unknown" persons. The domestic inquiry mentioned these 10 persons as being the ones playing with my son Ryan at the time of the incident. The school principal (the co-accused) was also examined and on his cross-examination, the teacher was exonerated completely !
3. While we had requested for postponing the summoning of our son till his final exams got over (they were getting over on 19-Apr-2014), the Presenting Officer (wilfully) mis-represented our request to the Inquiry Officer stating that we were requesting for a postponement of 3 months.
Here are my questions on which I wish to have legal advice :
1. The victim and key witness was my son. Can a domestic inquiry which is wrapped up without examination of a "key witness" be considered good in law ?
2. Which is the appropriate authority to whom I can complain to regarding the SHAM conducting of the inquiry ? Is it DEO ?, Does a WRIT lie in the High Court for violation of principles of natural justice?
3. What are the powers of the High Court ? Can they order a re-inquiry ? Can they SET ASIDE the sham Inquiry and order a "De Novo" inquiry ?
4. I did not agitate challenging the Inquiry proceedings which were conducted in a sham manner till date as the eye-witness students are still studying in the same school and there is a very high probability of their being pressured. In next two months, they'll pass out of 12th Std. and thereafter, there will be little control of the school authorities to influence them.
Awaiting your guidance,
Anxious parent,
Firdaus
