DR. T.V. RAMAKRISHNAN Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) The petitioner, who is an Assistant Professor in the Department of Mathematical Science in the Kannur University, has approached this Court challenging Ext.P2 order of the University pursuant to a complaint of sexual harassment lodged by three girl students. The internal complaint committee of the Kannur University submitted a report. Based on the report, the Vice Chancellor ordered that the petitioner has to be removed from the post of Department of Mathematical Science and also his promotion shall be withheld. It is further ordered that he shall not report or evaluate the work or performance or tests or examinations of any of the complainants. Ext.P1 is the regulation issued by the UGC in regard to Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015. Clause 8 of the Regulation set out elaborate procedure to be followed for conducting enquiry by ICC. It is apparent in this matter, such procedure was not followed.

(2.) Learned standing counsel for the University fairly submitted that copy of the complaint was not given to the petitioner. It is submitted by learned senior counsel for the petitioner that copy of the findings of enquiry of ICC was also not given to the petitioner.

(3.) It is to be noted that the enquiry to be conducted by the ICC is an enquiry regarding finding on facts. Thereafter it has to be placed before the competent authority of the University to initiate such action in accordance with Service Rules applicable to the employees. (See the procedure and follow up action detailed by this Court in Sibu v. Air India Ltd. (2016 (2) KLT 374).