RAJESH SINGH Vs. BOARD OF GOVERNORS

JUDGEMENT

(1.) Petitioner was a Lecturer in the Department of Computer Science and Engineering in Motilal Nehru National Institute of Technology, Allahabad. He joined the Institute on 31/3/1999. An Ex-student (Girl) of Institute made a written complaint dtd. 8/1/2003 addressed to the Director of Institute inter alia alleging therein that when she was a student of Master of Computer Education in the Institute from 1997-2000, petitioner has made physical relationship with her and she described an occurrence took place on 16/11/1999 that it was against her will. Though she further stated that later on they had consensual physical relationship even after she left the Institute. A symbolic marriage was also took place between them but it appears that she being of a different religion, therefore, parents of petitioner did not allow to solemnize a proper marriage and thus their relationship was broken, therefore, she made a complaint that she was subjected to physical and emotional harassment.

(2.) On basis of said complaint, Director of Institute constituted a Five Members Committee and a show cause notice dtd. 10/1/2003 was issued to petitioner to submit reply to the complaint. A copy of complaint was admittedly served upon petitioner. A questionnaire was also submitted to petitioner. Petitioner thereafter submitted his reply that complainant was an student of petitioner between July, 1999 to June, 2000 and he admitted that it was a consensual relationship which developed during that period and continued even thereafter. They wanted to marry but due to different religion marriage could not take place.

(3.) On basis of record it appears that the Five Members Committee has not arrived to any conclusion and submitted a report that they do not have expertise to establish a fact that any rape was committed and that petitioner and complainant were in relationship even after complainant left the Institute and complaint was filed only when petitioner was engaged with some other girl in November, 2002. No specific conclusion was made in the report.