HC stays investigation in FIR against Principal and VP of Convent Secondary School
JKUT (Jammu), June-07-2021-( JNF):- Justice Sanjay Dhar of Jammu & Kashmir High Court Jammu Wing stayed the investigatioin FIR against Principal and Vice Principal of Presentation Convent School, Gandhi Nagar, Jammu.
The case of petitioners that due to out-break of COVID-19 infection, one Neelu Varinder, who was working as a teacher in Presentation Convent School, Jammu, unfortunately breathed her last on 9th May, 2021 where after respondent No.3, Additional Deputy Commissioner, Jammu, on the basis of certain complaints against the management of the School, conducted an enquiry. It is averred that during the course of enquiry certain information was sought from the petitioners by the enquiry officer and the same was duly submitted by them. Respondent No.3 the enquiry officer is stated to have made his report whereby a recommendation to book the petitioners under relevant provisions of law for having violated COVID-19 containment guidelines/SOPs as also for indulging in unnecessary intimidation and humiliation to senior and old teaching staff of the School has been made. It is on the basis of this enquiry report that the impugned FIR has been registered.
Adv Adarsh Sharma appearing for the petitioners submitted that the contents of the enquiry report which has been reproduced in the impugned FIR do not constitute any criminal offence against the petitioners. He has further submitted that as per the enquiry report, the teacher who had died due to COVID-19 infection was never called to the school after 24.04.2021 and it is only on 27.04.2021, that the State Executive Committee, Department of Disaster Management Relief Rehabilitation and Reconstruction vide its Govt. Order No. 24-JK (DMRRR) of 2021 dated 27.04.2021, directed schools and educational institutions not to insist on personal attendance of any member of the staff. Prior to that 50% of the staff was required to attend the school in terms of order issued by the State Executive Committee, Department of Disaster Management Relief Rehabilitation and Reconstruction on 24.04.2021. On this ground it is urged that in view of the admitted position, that has emanated from the enquiry report that no staff member was forced to come to the school in violation of the orders issued by Disaster Management Committee, it cannot be stated that there has been any violation on the part of the petitioners. It is further contended that the only allegation against the petitioners in the enquiry report is that some of the members of the staff had raised an issue that they were directed to attend the school inspite strike of transporters and that in certain cases there were service disputes between the staff and management of the school. According to the counsel for the petitioners, these allegations cannot form the basis of lodging a criminal prosecution against the petitioners.
Justice Sanjay Dhar after hearing both the sides and after perusal of the material on record, there appears to be some merit in the submissions advanced by counsel for the petitioners as the contents of the enquiry report do not prima facie disclose commission of any criminal offences against the petitioners. COurt said that case for grant of interim indulgence is made out and directed that till next date of hearing before the Bench, the investigation in the impugned FIR shall stay. JNF