Writ petitions filed to quash an order by the State Human Rights Commission imposing compensation on a school teacher. The parties reached a compromise involving payment of Rs. 50,000 by the teacher and compounding of criminal charges.
Writ petitions disposed of on compromise; teacher to pay Rs. 50,000 and assist in compounding criminal proceedings.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-10-2014
CORAM
THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
WRIT PETITION Nos.23553 and 29015 of 2013
and
M.P.No.1 of 2013 in W.P.No.23553 of 2013
T.Ramagowri .. Petitioner in
WP 23553/2013 and
2nd Respondent in
WP 29015/2013
vs
1.The Registrar
State Human Rights Commission
'Thiruvarangam'
No.143, P.S.Kumarasamy Raja Salai
(Greenways Road)
Chennai 600 028 .. 1 st Respondent in
both petitions
2.A.Meharunnisa .. 2 nd Respondent in
WP 23553/2013 and
Petitioner in
WP 29015/2013
3.Srinivasa Rao
Headmaster
Kesari Higher Secondary School
Mylapore, Chennai. .. 3 rd Respondent in
WP 29015/2013
WP 23553/2013 filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records of the first respondent Order made in SHRC Case No.7661/2010 (Original case No.6175/2007) dated 10.5.2013 and quashing the same.
WP 29015/2013 filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the order dated 10.5.2013 in SHRC Case No.7661 of 2010 passed by the first respondent and quashing the same with regard to the quantum of compensation alone and enhance the compensation considering the hardship of the minor victim.
For Petitioners
: Mr.K.R.Ramesh Kumar in WP 23553/2013 and for R2 in WP 29015/2013
Mr.S.Haja Mohideen Gisthi in WP 29015/2013 and for R2 in WP 23553/2013
For Respondents : Mr.S.Sathiamurthy for R1 in both WPs
Mr.Uma Vijayan
for Mr.Sanjai Ramasamy
for R3 in WP 29015/2013
COMMON ORDER
(Order of the Court was made by THE HON'BLE CHIEF JUSTICE)
The son of the petitioner in W.P.No.29015/2013 was studying in Kesari Higher Secondary School and she alleges that her son was pinched on the cheek by the teacher (second respondent in the W.P.). On a complaint to the School (third respondent in the W.P.), disciplinary action was initiated and an apology letter was given by the teacher.
2.The matter did not rest with this, as an FIR was filed as against the teacher under Sections 294(b) and 323 IPC on 15.3.2007. The mother of the student also applied for issuance of Transfer Certificate (TC) for her son and daughter, who were studying in the same School. A grievance was also made about the delayed issuance of T.C.
3.The mother filed a petition before the State Human Rights Commission, Tamil Nadu, which imposed a sum of Rs.1,000/- on the School as compensation for violation of the human rights of the victim, but however, found that there is no merit in the grievance made qua the delay in issuance of T.C.
4.The mother of the student has impugned this order dated 10.5.2013, primarily on the ground of inadequacy of compensation.
5.Simultaneously, the other writ petition in WP No.23553/2013 is filed by the teacher referred to aforesaid, aggrieved by the imposition of those damages, stating that she is suffering on account of multiple proceedings, including criminal proceedings.
https://hcservices.ecourts.gov.in/hcservices/ 6.Before us, with the assistance of the learned Counsel for parties, the matter has been amicably resolved. The terms of the compromise are set out hereunder:-
(i) The teacher Mrs.T.Ramagowri will pay a sum of Rs.50,000/- (Rupees fifty thousand only) in the name of the student A.Arif Iqbal in full and final settlement of any claim of his mother, arising from the incident.
(ii) The aforesaid payment would put a quietus to all the disputes inter se the parties.
(iii) The teacher would move proceedings for compounding in C.C.No.3085/2007, pending on the file of the Court of XVIII Metropolitan Magistrate, Saidapet, Chennai and the student's mother would assist in the compounding.
7.A Demand Draft for a sum of Rs.50,000/- should be filed before this Court within six weeks from today to be released to the student on the aforesaid process being completed.
8.The writ petitions accordingly stand disposed of as compromised in the aforesaid terms. No costs. Consequently, connected MP is closed. 9.List for compliance on 16.12.2014. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar nsv To: The Registrar State Human Rights Commission 'Thiruvarangam' No.143, P.S.Kumarasamy Raja Salai (Greenways Road) Chennai 600 028.
copy to:The Section Officer, Writ Section, High court, Madras
1 cc to Mr.S.Sathiamurthy ,Advocate, SR.No.49698 2 cc to Mr.K.R.Ramesh Kumar ,Advocate, SR.No.13185,13186
W.P.Nos.23553 and 29015 of 2013
ssi(Co)pmk.03.11.2014
T. Ramagowri
A. Meharunnisa
Registrar State Human Rights Commission
Srinivasa Rao
Sanjay Kishan Kaul
M. Sathyanarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
