The main legal point established is that ex post facto approval can validate an act initially done without prior approval, and the concept of ex post facto approval applies in the context of suspension of a college principal.

B.K. Sharma, J.

1. The petitioner who is the Principle of a College has been placed under suspension making a challenge to which the instant writ petition has been filed.

2. The petitioner was appointed as Principal of the D.H.S.K. College, Dibrugarh w.e.f. 1.6.1997. On the basis of purported incident which occurred in his office chamber involving one Smt. Joytismita Dowarah who has been working as Computer Operation in the College Library, said Smt. Dowarah lodged a complaint with the President of the Governing Body of the College on 28.7.2004. As per the said complaint, the petitioner made some obscene behaviour to her. Thereafter, the petitioner has been placed under suspension by the Governing Body of the College as per the resolution adopted by the Governing Body in an emergent meeting held on 31.7.2004. The resolution as indicated in the letter dated 2.8.2004 addressed to the petitioner placing him under suspension, is quoted below:

Resolution No. 3:

That the Principal Dr. S.K. Dutta be placed under suspension with immediate effect until order to facilitate enquiry to be held.

3. The letter dated 2.8.2004 was preceded by letter dated 31.7.2004 addressed to the petitioner by the President of the Governing Body of the College intimating him about the decision of the Governing Body to conduct an enquiry relating to the aforesaid incident and to place him under suspension with immediate effect. By the said communication, the petitioner was directed to handover charge with documents and keys of the office of the Principal along with an inventory. The aforesaid letters dated 31.7.2004 and 2.8.2004 were followed by a show cause notice to the petitioner by which the petitioner was once again communicated about the decision of the Governing Body to conduct an enquiry relating to the charge and asked him to show cause as to why the proposed departmental enquiry should not be initiated against him in accordance with law. The petitioner by his letter dated 5.8.2004 addressed to the Director of Higher Education, Assam made a grievance against the decision of the Governing Body and the aforesaid letter dated 2.8.2004 placing him under suspension without prior approval of the Director of Higher Education, Assam. Thereafter, the petitioner filed the instant writ petition on 6.8.2004 challenging the legality and validity of the order of suspension on the sole ground of violation of the requirement of obtaining the prior approval to do so as per rule.

4. According to the petitioner the entire story made against him is concocted one and to malign him in the society. He, in fact, lodged an FIR with the police on 28.7.2004 against said Smt. Dowarah alleging threat from her and distribution of leaflets with false and undesirable remarks.

5. The respondents-Governing Body of the College represented by its President have filed an affidavit in opposition controverting the allegations made by the petitioner. As per the said affidavit, the writ petitioner went on leave w.e.f. 29.7.2004, i.e., after the alleged incident on 27.7.2004 to 7.8.2004 before filing the writ petition on 6.8.2004. As per the said affidavit, the resolution of the Governing Body have been approved by the Director of Higher Education, Assam and the same was communicated to the Governing Body. The order of approval was issued by the Director of Higher Education, on 23.8.2004. As regards the show cause notice issued to the petitioner, the petitioner by his letter dated 11.8.2004 prayed for time to submit his reply which was acceded to by the Governing Body of the College.

6. Emphasizing the need to curb sexual harassment of women at working place as recommended by the National Commission for women vide "Code of Conduct for Women in Working Place" on the basis of the Apex Court decision in Vishaka and Ors. v. State of Rajasthan and Ors. reported in AIR 1997 SC 3011, the Governing Body of the College in their affidavit have stated that having regard to the seriousness of the of