SC stays Kerala High Court’s order reinstating rape-accused lecturer

A bench of Justices R Subhash Reddy and Hrishikesh Roy stayed the lecturer's reinstatement after hearing the appeal by the manager of Ansar Arabic College in Malappuram district challenging the September 14 Kerala HC order.

The Supreme Court has stayed a Kerala High Court order which upheld the Calicut University Appellate Tribunal decision reinstating in service an Arabic lecturer who was accused of raping a student and had subsequently married her.

“Pending further orders, there shall be stay on implementation of directions for reinstatement,” a bench of Justices R Subhash Reddy and Hrishikesh Roy said in its November 12 order after hearing the appeal by the manager of Ansar Arabic College in Malappuram district challenging the September 14 Kerala HC order.

The lecturer was already married when a student of the college levelled kidnapping and rape charges against him in 2012. However, on March 11, 2013, the HC “quashed the criminal case registered against” him “on the sole ground that” he “had married the complainant and they were leading a peaceful life and continuation of the proceedings will cause disruption in their life,” senior advocate V Chitambaresh who appeared for the college management pointed out.

The appeal filed by the college said he, being a teacher, was expected to be a role model for the students. “There were also serious charges of kidnapping and rape levelled against him by a female student at the college” and that he “got the criminal case compounded at the cost of marrying the student/complainant. The second marriage was undertaken while” he “was already married with five children”.

In February 2012, the college served charges on the ground that he after applying for ‘leave without allowance’ for five years from June 2, 2011 for seeking employment abroad, went on leave without getting permission from the authorities concerned.

In April 2013, it also initiated proceedings on the ground that the registration of the rape case and the subsequent events tarnished the credibility and image of the college and defamed its reputation, and also for the reason that he conducted second marriage without obtaining permission from the government in disregard of the conditions of service.

He was dismissed from the college on receipt of the report of the enquiry officer.

He then appealed to the Calicut University Appellate Tribunal which held that he be reinstated as per rules and that the period of suspension be treated as period spent on duty for entitlement to get full pay and allowances.

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