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Judgment
Rakesh Tiwari, J.—Brief facts of the case are that the petitioner was Assistant Teacher in Bal Vidya Mandir Junior High School Maudha, District Hamirpur. His services were terminated vide order dated 281298 on a complaint made by the parent of a student of class 6th upon whom a pressure was created by the petitioner to come and take tuition. He went to the house of the student and persuaded the parent to send the student Vinod Kumar Gupta for tuition in the school where he committed sodomy.
Aggrieved by his order of termination the petitioner has come up in this writ petition.
The petition was dismissed in default vide order dated 2352003.
The petitioner has moved his restoration/recall application for hearing of the petition on merits. Heard Counsel for the parties and perused the record.
The conduct of the petitioner sodomanising a child student in his class was not befitting for a teacher. The relationship between a student and teacher is a pious one and the teacher is not supposed to enjoy moral character and act as a guardian guide and philosopher of the student. School is not a place for committing such a criminal act as had done by the petitioner. Such teacher who not only malign the relationship of teacher and taught but pollute the atmosphere of the school should not be retained in school.
In my opinion, this is not a fit case for interference in the order impugned in exercise of powers under Article 226 of the Constitution.
The petition is, therefore, dismissed with cost of Rs. 20,000 on the petitioner which shall be paid to Sri Vinod Kumar Gupta within one month from today. In case the petitioner fails to pay the aforesaid amount of Rs. 20,000 to Sri Vinod Kumar Gupta, the aforesaid amount shall be recovered from the petitioner as arrears of land revenue within 3 months thereafter.