VIRENDRA SINGH Vs. BANARAS HINDU UNIVERSITY AND ORS.

JUDGEMENT

(1.) The petitioner, who retired as a Dean in the Faculty of Engineering and Technology of the Banaras Hindu University, Varanasi1 in January 2011 but who was subsequently re-employed as a Professor in the Department of Civil Engineering in the Indian Institute of Technology (Banaras Hindu University) Varanasi2 upto 30 July 2014, has filed this petition to assail the order dated 26 April 2014 by which he was informed by the Institute that in view of the complaint that was received from a girl student of his Department regarding allegation of sexual misconduct and in view of the report submitted by the Women's Grievance Cell which examined the complaint, his re-employment as a Professor in the Institute stands discontinued with immediate effect.

(2.) It transpires from the records of the writ petition that after the petitioner retired as a Dean in the Faculty of Engineering and Technology of the University in the month of January 2011, he applied for re-employment. A letter dated 20 July 2012 was sent to the petitioner by the University informing him that the Executive Council of the University in its meeting held on 29 July 2012 had been pleased to re-employ him as a Professor and that if he was willing to accept the offer, he could submit his joining report to the Director of the Institute. The petitioner accepted the terms and conditions stipulated in the order and was deputed to the Department of Civil Engineering of the Institute for a period of one year or till the post was filled up on a regular basis. Before the term of one year was come to an end on 30 July 2013, the petitioner moved an application for extension of his re-employment as a Professor. It needs to be noted that the erstwhile Institute of Technology of the University became the Indian Institute of Technology (Banaras Hindu University), Varanasi with effect from 29 June 2012 under the provisions of the Institutes of Technology (Amendment) Act, 2012. A communication dated 10/11 December 2013 was sent to the petitioner by the Institute extending his re-employment for a further period of one year with effect from 30 July 2013 on the existing terms and conditions. The term of re-employment of the petitioner as a Professor in the Institute, therefore, stood extended upto 30 July 2014.

(3.) On 18 April 2014, a girl student who was studying in Part-IV in the Department of Civil Engineering of the Institute submitted a complaint to the Director of the Institute that she had been sexually harassed by the petitioner and the complaint is as follows :-