LAWS(KAR)-2021-7-14

DR. ARABI U. Vs. REGISTRAR, MANGALORE UNIVERSITY

Decided On July 20, 2021
Dr. Arabi U. Appellant
V/S
REGISTRAR, MANGALORE UNIVERSITY Respondents

JUDGEMENT

(1.) The petitioner in this writ petition calls in question second show cause notice dated 5-11-2020 seeking the petitioner to show cause as to why penalty of dismissal from service should not be imposed upon him based upon the report of Internal Complaints Committee1.

(2.) Shorn of unnecessary details, facts appertains are as follows:-

(3.) This led to the complaint being converted into a complaint under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The petitioner gave his reply to the complaint on 6-08-2018 but not being satisfied with the reply, the University placed the complaint for its enquiry before the Committee constituted in terms of the Act. On conduct of proceedings, the Committee held the petitioner guilty of the allegations in terms of the complaint registered under the Act. The syndicate resolving to accept the report of the Committee resulted in the impugned second show cause notice issued to the 'Act' for short petitioner. The preamble to the second show cause notice narrates that the report of the Committee was placed before the Syndicate and the Syndicate proposes to impose major punishment of dismissal from service by giving 15 days clear notice to the petitioner. The impugned order while narrating that a notice is to be given to the petitioner placed the petitioner under suspension, invoking the power under the Statutes. It is this order that is called in question in the subject writ petition.