LAWS(MEGH)-2017-8-3

ASHISH KUMAR DAS Vs. NORTH EASTERN HILL UNIVERSITY

Decided On August 30, 2017
ASHISH KUMAR DAS Appellant
V/S
NORTH EASTERN HILL UNIVERSITY Respondents

JUDGEMENT

(1.) Preliminary

(2.) The petitioner, who was serving as professor in the department of Mathematics with the respondent No.1 North Eastern Hill University [hereinafter referred to as 'the respondent-university' or 'the university'] and who was subjected to disciplinary proceedings on the charges of sexual harassment of female research scholars, has preferred this writ petition assailing the legality and validity of the disciplinary proceedings as also the impugned order dated 17.12.2014 whereby, the penalty of compulsory retirement was imposed on him.

(3.) On 30.04.2014, Ms. T, one of the research scholars in the department of Mathematics at the respondent-university made a complaint to the Vice Chancellor with the allegations that though she was working under the supervision of another professor but her supervisor, Dr. S, hardly showed any interest in her work and expressed that she was busy with other students. The complainant alleged that in the circumstances, she was sometimes required to go to the petitioner for academic advice but then, the petitioner not only exhibited unwarranted concern towards her but even attempted to flirt with her. The complainant further alleged that one day, the petitioner called her to his room and after some useless talks, indulged into the acts of unwelcome physical contacts; and expressed his yearning for more such acts while suggesting that getting intimate with him will be of help in her work. The complainant, while further alleging that the petitioner boasted of having such relations even with her supervisor, stated that despite her avoidance, the petitioner was making calls on her mobile and she was feeling disturbed and uncomfortable because of the harassment by the petitioner. The very same day i.e., on 30.04.2014, this very complaint, albeit in an abridged form, was also made to the Dean of Students Welfare.