Chennai: Quoting an order of the Supreme court in which it was observed that the conduct of the appellant is unbecoming of a teacher much less a loco parent, the Madras high court has upheld an order, dismissing a Principal of a Polytechnic Institute in Dharmapuri district, for allegedly indulging in Homosexual activities with the polytechnic students.
Justice M.Duraiswamy dismissed the petition filed by D.Ganesan, challenging an order of the Chairman/Special Officer of the Dharmapuri District Co-operative Sugar Mills Polytechnic, removing him from service.
The petitioner while working as Principal of the Polytechnic, he was placed under suspension by the Chairman of the Polytechnic by an order dated October 13, 1997 on the ground that enquiry against him was pending. The charges included misappropriation of funds and indulging in Homo sexual activities with the polytechnic students. Consequent to the charges having been proved and after personal hearing, he was dismissed from service on May 25, 2002. The Appellate Authority also confirmed the order of dismissal. Hence, the petitioner filed the present petition.
Upholding the order of dismissal, the judge said with regard to jurisdiction of the Chairman of the Polytechnic Institute, it could be seen that the petitioner himself has stated in the affidavit that he was appointed by the Chairman of the Polytechnic and therefore, the order of termination passed by Chairman, who was the appointing authority, was proper. On a reading of the charges framed against the petitioner, it was clear that the charges were grave in nature and were proved against him. The petitioner, who was working as the Principal of the Polytechnic Institute, had indulged in homosexual activities with the polytechnic students. “A person with such a conduct and character cannot be allowed to continue in employment, that too, as a Principal of a Polytechnic Institute. That part, the petitioner had also made derogatory remarks, writing in filthy language against the teaching staff in the notice board and had allowed the students to read, which would establish that the petitioner is unfit to continue as the Principal of the Polytechnic Institute”, the judge added.
The judge said, “The order of termination passed by the Chairman of the Polytechnic Institute, which was also confirmed by the Appellate Authority, is proper. I do not find any error or irregularity in the order passed by the authorities. This writ petition is devoid of merits and the same is dismissed”....