Case title: Anoop vs. State of Kerala.
Case no.: Bail Appl. No. 3273 Of 2022, Crime No.123/2022
Decided on: 26.08.2022
Quorum: Hon’ble Mr. Justice KURIAN THOMAS
FACTS OF THE CASE:
The petitioner was transferred from Kumily Branch to Piravom Branch in 1995. A demand loan (vehicle loan) from 1991 was transferred to Piravom Branch with liabilities. Allegations of altering figures to malign the petitioner were raised. The disciplinary authority found possible involvement in figure alteration. The disciplinary authorities accepted the report without fault found. The petitioner’s involvement in altering figures was not entirely ruled out. Various exhibits were presented during the proceedings. Charges related to loan manipulation were partly proved. The inquiry report findings were accepted by the disciplinary authorities. The petitioner’s service record and lack of misconduct evidence were considered. The punishment of removal from service was deemed disproportionate. The inquiry officer found charge No. 4 not proved.
LEGAL PROVISIONS:
Article 226 of the Constitution of India: This article deals with the power of High Courts to issue writs for enforcement of fundamental rights and for other purposes.
Judicial Review: The document refers to the power of judicial review exercised by constitutional courts under Article 226, Article 32, or Article 136 of the Constitution of India. This involves correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.
Principles of Natural Justice: These principles ensure fairness and impartiality in decision-making processes, including disciplinary inquiries.
Legal Standards for Disciplinary Proceedings: The legal standards require that allegations against a delinquent employee must be established by evidence that a reasonable person acting reasonably and with objectivity may arrive at a finding upholding the gravity of the charge.
APPELLANTS CONTENTION:
The appellant, represented by Adv. Reshmi K.V. on behalf of ‘Dil Se’, expressed willingness to undertake regular classes for students to raise awareness about sexual offences. They acknowledged the inadequacy of the current system in creating proper awareness among children. Ms. Parvathy Nambiar, a law student, highlighted the importance of educating children about sexual offences and empowering them to prevent such crimes. The appellant’s focus was on evolving a more functional and authoritative procedure to create awareness not only about the provisions of the POCSO Act but also about preventing sexual offences through systematic education. Their contention centered on the necessity of educating children and developing a methodology to identify, prevent, and address instances of sexual offences effectively.
RESPONDENTS CONTENTION:
The respondents, including the State of Kerala, CBSE, and KELSA, emphasized the importance of creating awareness about sexual offences among school children. They highlighted the need for schools to conduct awareness sessions on the provisions of the POCSO Act and similar statutes. The CBSE had issued circulars mandating schools to initiate steps to instil awareness on the POCSO Act, with non-compliance leading to disaffiliation. The respondents also mentioned the formation of School Management Committees to guide schools in addressing these issues. The State of Kerala had already initiated steps, such as conducting awareness classes and discussing POCSO Act provisions during PTA meetings, to educate students and prevent sexual offences.
COURT ANALYSIS AND JUDGMENT:
The court, exercising its jurisdiction under Article 226 of the Constitution, recognized the need to address sexual offences against school children by enhancing awareness and preventive measures. It acknowledged the significance of the POCSO Act in curbing child sexual abuse and emphasized the importance of creating a child-friendly judicial process. The court highlighted the role of schools in educating children about sexual offences to prevent such crimes and empower them with knowledge.
After considering the contentions of the respondents and the appellant, the court directed the school authorities to undertake regular classes to raise awareness about sexual offences among students. It stressed the importance of instilling a civic sense in children during their formative years to prevent sexual crimes. The court appreciated the efforts of the CBSE in issuing guidelines but deemed them insufficient. Therefore, the court’s judgment focused on the necessity of evolving a more effective methodology to educate children about sexual offences and prevent such crimes. Ultimately, the court made the bail application absolute and disposed of the case, emphasizing the need for comprehensive awareness and preventive measures in schools to combat sexual offences against children.
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Judgement reviewed by – Ayush Shrivastava
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