Shillong, Aug 30: The Meghalaya High Court has ordered for reinstatement of a professor of the North Eastern Hill University (NEHU), who was charged of sexual harassment, while also asking a disciplinary authority of the University to take fresh decision on the matter.
Professor Ashish Kumar Das, who was serving in the department of Mathematics, NEHU, has filed a writ petition challenging the legality and validity of the disciplinary proceedings and also the order dated December 17, 2014 whereby, the penalty of compulsory retirement was imposed on him.
It may be mentioned that one of the research scholars in the department of Mathematics had complaint to the NEHU vice chancellor on April 30, 2014 against Professor Das alleging him of indulging in sexual harassment.
In its order issued here on Wednesday, the division bench of the Meghalaya High Court said, “As a corollary to the above, it is also provided that though the petitioner shall stand reinstated but this reinstatement shall only be for the purpose of passing of appropriate order by the Disciplinary Authority and else, he shall continue to remain under suspension; and all other aspects of the matter shall also be determined by the Disciplinary Authority depending on the final outcome.”
This was after the bench upheld the petitioner’s objections in regard to the want of supply of the copy of the inquiry report and want of speaking order by the Disciplinary Authority.
The bench however rejected his plea against the validity of suspension order and initiation of proceedings; against the article of charge and imputations; and against the conduct of inquiry proceedings by the Board of Inquiry.
“The writ petition is allowed in part and in the manner that the impugned order dated 17.12.2014 is set aside and the matter stands remitted to the Disciplinary Authority for decision afresh,” the bench stated.
It stated that it shall be permissible for the petitioner to submit his representation/objections against the inquiry report (copy whereof has already been received by him with the counter affidavit) within 30 days from today (August 30).
The Disciplinary Authority is also directed to take a decision afresh in the matter with a speaking order within 30 days of receiving the representation/objections of the petitioner.