S. RAJU AIYER Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The present appeal impugns the order dated 13.03.2013 passed by a learned Single Judge of this Court in W.P.(C)2541/2011. The learned Single Judge has dismissed the writ petition filed by the appellant whereby the appellant had, inter-alia, challenged the punitive measure of compulsory retirement imposed on the appellant on account of him being found guilty of sexual harassment.

(2.) It is contended before us that the findings of guilt returned by the Enquiry Committee, Disciplinary Authority and the Appeals Committee are based on no evidence and are, thus, perverse. It is also contended on behalf of the appellant that the Registrar of the respondent is not the Competent Authority to impose the penalty and, therefore, the order imposing penalty is without jurisdiction and is liable to be set aside.

(3.) The learned Single Judge has rejected the contentions urged on behalf of the appellant and has held that the findings arrived at by the Enquiry Committee, which conducted the inquiry into the allegations levelled against the appellant, are correct and there is no perversity in the finding of guilt returned by the authority. The learned Single Judge has also rejected the contention that the Registrar of respondent no. 1 university is not competent to impose penalty as the same could have been imposed only by the Vice Chancellor.