RAKESH SINGH Vs. INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY

JUDGEMENT

(1.) The present petition has been filed challenging the order Annexure P-15 whereby the Registrar of respondent No.1-University i.e. Indira Gandhi National Tribal University, Amarkantak ('IGNTU' for short) has communicated the decision of the Executive Council imposing a penalty of dismissal from service as a result of the findings of the Enquiry Officer as accepted by the Executive Council after discarding the objections of the petitioner on the enquiry report.

(2.) It is contended by the learned counsel for the petitioner that the action of the respondent No.1-University in terminating the services of the petitioner is totally unsustainable in law. It is contended that initially a female student of the University made a complaint to the Respondent No.3, who is Chairman of Internal Complaint Committee ('ICC' for short) of the respondent No.1- University under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('POSH Act' for short) that the petitioner has sexually exploited the said female student while working as Professor and Head of Department of History in the University. It is contended that the said complaint which was handwritten in Hindi was addressed to the Vice-Chancellor and submitted to the Respondent No.3 being Head of ICC. It was alleged in the said complaint that the petitioner had committed rape on the said female student in the year 2019 and then he has been repeatedly sexually exploiting the said female student and she has got pregnant many times. Even on the date of complaint she stated herself to be pregnant and demanded justice for such act of the petitioner and to recognize the unborn child of the complainant. It was alleged in the complaint that the complainant is being sexually exploited since the year 2019 onwards.

(3.) On the basis of the said complaint the ICC took up the matter and ultimately the ICC submitted a report dtd. 4/3/2022 wherein the ICC held the complaint to be substantiated.