May an employer hold a domestic enquiry against an employee while a criminal prosecution on the same allegations is pending?

Yes. The two proceedings are independent of each other. The school management was left at liberty to hold a domestic enquiry against the teacher in accordance with the prescribed rules, independent of the criminal prosecution restored by the Court, and was at the same time directed to keep him under suspension until the trial concludes.

Protection of Children from Sexual Offences Act, 2012 — ss. 7, 8 — Sexual intent — Physical contact — Quashing of FIR — Teacher and student — Protection of Children from Sexual Offences Act, 2012 — s.7 — Any other act with sexual intent involving physical contact — Held: Section 7 reaches any other act with sexual intent which involves physical contact, not only touching the parts of the body it names; a teacher's position of authority and trust supports that inference. (¶4) Protection of Children from Sexual Offences Act, 2012 — ss. 7, 8 — Quashing of FIR — Mini trial on preliminary statements — Held further: A High Court may not hold a mini trial on preliminary statements and pre-judge sexual intent before the victims depose; impugned judgment set aside, trial to proceed. (¶3, 4)

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