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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.KALAIMATHI
A. Vadivel – Appellant
Versus
Chairman, Board of Governors, National Institute of Technology, Tiruchirapalli – Respondent
JUDGMENT :
G.R. SWAMINATHAN, J.
1. The unsuccessful writ petitioner has filed this appeal questioning the order dated 11.04.2022 made in W.P. (MD) No. 11893 of 2017.
2. Dr.A.Vadivel, the appellant herein, joined the National Institute of Technology, Trichy as an Assistant Professor in the year 2007. When he was working as Associate Professor, the management received complaint that he had sexually harassed one xx for whom he had acted as a guide. The Internal Complaints Committee went into the issue and recommended that disciplinary action must be taken against the appellant. Thereupon, charge memo dated 22.12.2016 was issued. In the meanwhile, the appellant was also placed under suspension. The enquiry committee submitted its report and held that the charges framed against the appellant have been established. A copy of the enquiry report dated 17.03.2017 was served on the appellant and further explanation was also obtained from him. The disciplinary authority vide order dated 11.05.2017 imposed the punishment of compulsory retirement. Challenging the same, W.P. (MD)No.11893 of 2017 was filed. The learned single Judge vide order dated 11.04.2022 dismissed the same.
3. The question that
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
The central legal point established in the judgment is the importance of complying with the statutory provisions and principles of natural justice in cases of alleged sexual harassment at the workpla....
The judgment emphasizes the importance of adhering to statutory provisions, conducting fair and independent enquiries, and upholding principles of natural justice in cases of sexual harassment at the....
The Central Complaints Committee's findings on sexual harassment claims were upheld, emphasizing the importance of thorough inquiry and the principle of preponderance of probabilities in disciplinary....
The court emphasized that procedural safeguards and principles of natural justice must be strictly adhered to in disciplinary inquiries against probationers, including the right to be heard and to cr....
The judgment establishes the application of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in addressing workplace sexual harassment and emphasizes the ....
Disciplinary termination based on invalid Internal Committee lacking NGO member under POSH Act, 2013, plus criminal acquittal on identical facts, vitiates proceedings; quashing with continuity of ser....
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
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