The central legal point established in the judgment is that the definition of sexual harassment is not restricted to specific actions or language, and the focus should be on the acts complained of, rather than the specific categorization of the harassment.

VALMIKI J. MEHTA, J (ORAL)

1. The petitioner by means of this writ petition impugns the order dated 9.11.2012 passed by the respondent No.1/University, namely Jamia Millia Islamia. By the impugned order, petitioner has been visited with the penalty of removal from services. The penalty was imposed as the Enquiry Committee found the petitioner guilty of harassment of Ms. Kulsum Fatima, Assistant Professor.

2. To the Enquiry Committee of the respondent No.1/University, complaint dated 23.11.2011 was made by Ms. Kulsum Fatima and which was followed up with other detailed complaints including one dated 7.12.2011. Alongwith the complaint dated 7.12.2011, SMSs and emails which were sent by the petitioner to Ms. Kulsum Fatima were attached. Since the email is very long I am not reproducing the same, however, the SMSs are reproduced as under:-

“From: Azeem Sir

Time: 21 August, 2011 9:3

Kulsum, beautiful Reema, Mom & Dad ko meri taraf se EID bahut bahut Mubarak ho.

From: Azeem Sir

Time: 03 September 2011 22:31

If i asked something u didn’t like i am really very sorry for that

From: Azeem Sir

Time: 03 September 2011 22:38

Ek sufi buzurg ne mere bare kaha hai ki mera dil sheshe ki tarah saaf haiaur main sach main aisa hi hoon.

From: Azeem Sir

Time: 11 September 2011 12:04

What u 2 angels r doing at home u must be cooking. Plz arrange something 4 me.

From: Azeem Sir

Time: 11 September 2011 12:18

Either u call me or add me on skype. I’m getting bore typing on mobile.

From: Azeem Sir

Time: 12 September 2011 17:43

I called u angel yesterday and i saw an angel today u were looking very beautiful today why?

From: Azeem Sir

Time: 17 September 2011 11:52

Deptt. kab tak pahoonchogi8? Kulfi

From: Azeem Sir

Time: 23 September 2011 22:34

Thank u for the dinner tum bahut pyari ho KULFI.

From: Azeem Sir

Time: 28 September 2011 17: 15

Saqib sir ke cabin main hoon. thodi der ke liye aa sakti ho kya?

From: Azeem Sir

Time: 28 September 2011 17: 26

Aa rahi ho kya? I’m waiting.

From: Azeem Sir

Akele akele kya kha rahi ho kulfi.”

3. Before the Enquiry Committee, both the petitioner and Ms. Kulsum Fatima made statements. The statement of petitioner made before the Enquiry Officer reads as under:-

“Statement of Mr. Azeem Rehman, Dec 23, 2011, 4.00 pm, Chamber of the Media Coordinator, JMI. Ms. Kulsum Fatima and I know each other since a last few months as we have been working on common projects (Spanish centre) and the international conference on Islamia Arts and Architecture. We had mutual friendly relations and I admit sending these SMSs to her. I have also received some SMSs from her but I have not saved any so I cannot show them to the committee. My health situation is such that one of my kidneys has been donated to me by my sister. I also suffer from sugar and diabetes.

I would like to explain the sms about the dinner party, I admit hitting her with my foot, because she said; aap case hain” to me.

She later complained to me about it but the complaint was that why I did such a thing in front of our colleague Mariam. As regards my calling her “Kulfi” in the smss it was because it was difficult to call such a big name as Kulsum Fatima. I do not know why she has given a complaint on these things as she never objected to all this. It is only after she made the complaint that she shouted at me to not follow her, or visit her cabin or talk to her.

As far as the opening of the bag is concerned, I opened it because she said she was carrying a lot of money. I felt afterwards that I should not have opened her bag. After this incident also she smsed me as I am a student of one of her courses as well and she asked me to inform the students of some announcement. I even volunteered my brother’s services to her in order to help her. It was a only a friendly relationship.

With regard to the SMS: “If I said anything you did not like, I am very sorry about that” I want to say that once she told me that I talk non-relevant suffer to her, so I responded with the above message.

I would like to narrate an i