CAT Jammu directs Magisterial Enquiry into the matter


In a significant order, the Central Administrative Tribunal (Jammu Bench) headed by A.K. Dubey, Member (A) has taken a serious note of a petition/ application filed by a School Teacher (name withheld) who had been deployed/attached at Govt Higher Secondary School, Batote (Ramban) on Security Grounds and the said teacher challenged her relieving/detachment from GHSS Batote primarily on the ground that she did not oblige the unwarranted sexual advances of the Principal of the said School who without any jurisdiction relieved her on June 21, 2023 when she was deployed in the said school on the approval of Director School Education, Jammu based upon the inputs received from Police agency confirming threat to her life at her native place i.e village Kumait (Ramban).

When this matter came up for hearing, Advocate Supriya Chouhan appearing for the victim/applicant vehemently argued that the delinquent Principal is a blot and slur in a pious educational institution and has demeaned his position by seeking sexual favours from a hapless lady teacher. Advocate Chouhan further submitted that the said Principal used to tell the lady teacher to skip the classes as skipping will not affect the future of children and when the applicant did not agree, the said Principal started doing adverse things to her like removing her name from all the School Activities, from the School WhatsApp Groups, cropping her photographs from the pictures originally taken in the school functions and also started spreading words that applicant is loose-character woman and is influencer as she gets undue favours by influencing senior officers and public functionaries.

Advocate Supriya Chouhan while advancing her arguments further submitted that the delinquent Principal managed a fake, manipulated and forged communication dated August 28, 2022 through an anonymous so-called Civil Society Member, Batote and Affected Family Members Batote, Ramban and addressed it to various authorities including DC Ramban, SSP Ramban, Joint Director, SIE, Jammu, Chief Education Officer, Ramban, ZEO Batote and to himself also wherein defamatory remarks were made with regard to character and dignity of the applicant.

Advocate Chouhan further submitted that just to wreak vengeance and in view of her open refusals/avoidances, the delinquent Principal illegally/arbitrarily issued the relieving order on June 21, 2023 and directed her to report in the office of CEO, Ramban when she had been deployed/attached by the order of CEO, Ramban after getting approval of the Director School Education, Jammu.

Advocate Chouhan vehemently argued that the lady teacher has threat perception at her native place i.e village Kumait (Ramban) because of land dispute with her relatives. She further submitted that the threat to her life still persists and without any lawful justification and in absence of fresh threat assessment report, the Principal GHSS Batote relieved the applicant and directed her to report to CEO, Ramban for further duties.

The Jammu Bench of Central Administrative Tribunal headed by A.K.Dubey Member(A) took serious note of the submissions made by Advocate Supriya Chouhan and observed, “The allegations raised by the applicant are of serious nature. She has also alleged manipulation of Internal Committee’s proceedings. It appears that her allegations need to be looked into impartially. Under these circumstances, this Tribunal directs the Sub-Divisional Magistrate of the area to enquire into the matter and submit his report within 15 days. It is further directed that the reply to be filed by the respondents must specially explain the reasons of the applicant’s relieving without calling for the latest security threat report”.

The Bench further directed that as an interim measure, the Chief Education Officer, Ramban is directed to obtain fresh security threat report with respect to the applicant and then decide place of posting accordingly. Till the assessment report is received, he shall consider and allow eligible leave to the applicant. A copy of the threat assessment report should be also brought to the notice of the Director of School Education Jammu.

 Additional Advocate General Sudesh Magotra and AAG Rajesh Thapa accepted notices on behalf of the Education Department and were granted time to file their responses before the next date of hearing.


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