Point of Law: Nature of allegations by different victims is almost the same wherein they have been put to inconvenience by the petitioner by means of asking embarrassing question and by his conduct.

ORDER :

1. The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is sought to be invoked by filing this writ petition whereby the petitioner has put to challenge the arbitrary action taken against him on the basis of certain allegations which had culminated in an order dated 03.09.2021 by which the petitioner has been suspended for six months and also directed to move out from the hostel within two days.

2. The petition has been structured on the premises that the action against the petitioner is based upon the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 2013 Act). It is the specific case of the petitioner that the provisions of the 2013 Act, which lays down the safeguards, have been blatantly violated rendering the impugned action non est in law.

3. To appreciate the issue involved, it would be convenient to narrate the facts of the case in brief.

4. The writ petitioner is a Post-Graduate Trainee-MS (General Surgery) at the Tezpur Medical College and Hospital (hereinafter referred to as the TMCH). It is the case of the petitioner that upon clearing the NEET examination in the year 2020, he was inducted as a trainee in the TMCH. The petitioner contends that some vested interested persons had started a malicious campaign against him by posting offensive materials in Twitter wherein the character of the petitioner was maligned. The Twitter messages have also been forwarded to important dignitaries and the police wherein specific allegation of harassing female interns by the petitioner has been made.

5. After publication of the said allegations in the public domain, the authorities of the TMCH had constituted a Three Member Committee (hereinafter Committee) to enquire into the issue which was in the social media. In the said office order dated 01.09.2021 issued by the Principal-cum-Chief Superintendent of TMCH, the Committee was requested to submit its report within 24 hours. It is the case of the petitioner that he was never aware about constitution of such Committee until he was furnished with the impugned order 03.09.2021 by which, based on the report of the enquiry, the petitioner was suspended for a period of six months and was also directed to vacate the hostel within two days from the date of the order. It is the legality and validity of the aforesaid decision which is the subject matter of challenge in the present writ petition.

6. I have heard Shri R. Chakravarty, learned counsel for the petitioner. Also heard Shri B. Gogoi, learned Standing Counsel, Health and Family Welfare Department, Assam, who represents the respondent nos. 1, 2, 4, 5, 6 and 7. Though the other respondents have been served, they have chosen not to contest the writ petition.

7. Drawing the attention of this Court to the 2013 Act, Shri Chakravarty, learned counsel for the petitioner submits that the allegation being one as contemplated in the said Act, the mandate thereof is required to be mandatorily followed. Assailing the very initiation of the proceeding by constitution of the Committee, the learned counsel for the petitioner has submitted that the Committee is not constituted in accordance with the requirement of Section 4 of the 2013 Act. The provision in question lays down the procedure of making the enquiry into the complaint which requires summoning of witness, production of documents, cross-examination. However, in the instant case, the authorities have given a complete goby to the prescribed procedure and have jumped to the conclusion of imposing penalty to the petitioner. Shri Chakravarty, learned counsel further submits that the penalty in question i.e., suspension for six months is also grossly disproportionate as there is no serious allegation against the petitioner and the allegations are trivial in nature. It is further submitted that because of the impugned order, immense prejudice is being suffered b