No offence to penalise school teacher: HC
A school headmaster was granted relief on Tuesday for his failure to lower the national flag after sunset.Updated: Feb 01, 2012 01:03 IST
A school headmaster was granted relief on Tuesday for his failure to lower the national flag after sunset. The Bombay high court, that was hearing a petition filed by Amgonda Pandhare, headmaster of a primary school at Sonalgi in Sangli district, said there was no offence to penalise him.
Pandhare had moved court seeking to quash a FIR filed against him by the Umadi police following a complaint lodged against him. The petition said Pandhare hoisted the national flag on January 26, 2010 in the primary school compound.
In the evening, when Pandhare was returning to the school for lowering the flag, he fell sick and became unconscious. While Pandhare was taken to the hospital, he had instructed his brother and an assistant teacher to take the flag down.
However, when they failed to do this a complaint was lodged and a charge sheet was filed in March 2010 under the Prevention of Insult to National Honour Act.
Following the charge sheet, Pandhare was issued a show cause notice by the primary school division under the provisions of Maharashtra Zilla Parishad District Service (Discipline and Appeal) rules to which the petitioner replied.
“The court has quashed the FIR after observing that the ingredients of offence were not present in view of the relevant sections,” said additional public prosecutor Jayesh Yagnik.