The court emphasized the importance of an independent departmental inquiry and the principles of natural justice in disciplinary proceedings.

JUDGMENT :

1. Heard the Learned Counsel for the Petitioner and learned standing counsel for the Respondents

2. This writ petition is filed to issue writ, order or direction preferably writ of Mandamus, declaring the Memorandum No. EFLU/Admn./F1990/2019/104, dated 30.04.2019 issued by the respondent proposing to initiate disciplinary proceedings against the petitioner on the basis of SPARSH Committee Report as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently, set aside the same along with the suspension order No. EFLU/Admn./F1990/2019/1395, dated 25.01.2019.

3. The case of the petitioner, in brief, is as follows:

a) The petitioner is an Assistant Professor in the respondent university in the Department of Communication. One P.Priya lodged a Crime No.25 of 2019 before the Osmania University Police Station arraying the petitioner as an accused and the complaint was registered under Sections 417, 420, 376(1), 323, 506 IPC.

b) Against the said criminal case, the respondent issued suspension order No. EFLU/Admn./F1990/2019/1395, dated 25.01.2019. Therefore, the petitioner submitted representations on 31.01.2019, 06.03.2019 and 23.04.2019 for revocation of his suspension, but there is no response.

c) Meanwhile, the respondent conducted an internal enquiry on the Sexual Harassment of Women at Work Place (Prevention) Prohibition Redressal Act, 2013. The petitioner attended SPARSH Committee enquiry. The SPARSH Committee was biased and functioned in a manner unlikely of a quasi judicial body by not adhering to the laid out norms and procedures as per the Act.

d) Thereafter, even without furnishing a copy of final report of the SPARSH committee, the petitioner received Memo No. EFLU/Admn./F1990/2019/104, dated 30.04.2019, alleging moral turpitude on the part of the petitioner. Hence, this writ petition.

4. The case of the respondent, in brief, is as follows:

a) The respondent submitted that the procedure to be followed in disciplinary cases is as provided under CCS (CCA) Rules, 1965 of the Central Government.

b) The Government of India vide GSR 225, dated 01.07.2004 has amended Rule 14 of the CCS(CCA) Rules, 1965 providing for treatment of the report furnished by the complaints committee as enquiry report and further action to be initiated thereof. Therefore, the respondent is now empowered to conduct departmental proceedings from the stage of submission of enquiry report by treating the report of the internal complaints committee as report in the departmental enquiry.

c) The petitioner has exhibited conduct unbecoming of a teacher by having sexual relationship with girl student knowing fully well that the petitioner was married. The petitioner abused his position as a teacher causing loss of reputation of the respondent university. Therefore, in the interest of justice, it is just essential that the departmental proceedings against the petitioner can be taken to its logical decision to send a clear message in the University.

d) Therefore, prayed that the writ petition is liable to be dismissed.

PERUSED THE RECORD :

5. A bare perusal of order impugned dated 30.04.2019 vide No.EFLU/Admn./F1990/2019/104, of the respondent herein reads as under:

MEMORANDUM

The undersigned proposes to hold an inquiry against Dr. T. Ranjith Assistant Professor (under suspension) Department of Communication, School of Inter-Disciplinary Studies, under Conduct Rules of the Employees of the University, including teachers, read with CCS (Conduct) Rules. The substance of the imputations of in respect of misconduct or misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of article of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of the article of charge is enclosed (Annexure-II). A list of documents by which the article of charge is proposed to be sustained is also enclose