JAMMU: High Court has stayed the investigation in FIR against Principal and Vice Principal of Presentation Convent School, Gandhi Nagar following death of a teacher due to COVID-19. Advocate 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 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 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 dated 24.04.2021”, he said, adding “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 of strike of transporters and that in certain cases there were service disputes between the staff and management of the school”. After hearing both the sides, Justice Sanjay Dhar observed, “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”.
“The case for grant of interim indulgence is made out as such it is directed that till next date of hearing before the Bench, the investigation in the impugned FIR shall stay”, reads the order.
