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High Court of Karnataka set aside the retirement of IISc Professor
On the issue of compulsory retirement Prof. Giridhar Madras approached the court. After this the ICC’s report of inquiry dated 28 February, 2018 and order issued by IISc dated 17 October, 2018 related to this matter was set aside by Justice PB Bajanthri. The court observed that, “…Due to lapses on the part of Inquiry Committee and Disciplinary Authority, the whole proceedings are vitiated till imposition of penalty”.
On considerations, Girdhar was held to be entitled to such legal relief on account that due procedures prescribed under the - Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules 2014, Central Civil Service Classification (Control and Appeal) Rules, 1965, Central Civil Services (Conduct) Rules 1964, IISc Rules for Internal Committee, 2017, and other Government issued official memorandums, were ignored owing to the report be erroneous in nature.
A training programme is directed to be committed by the Central Governemnt for the members of such Disciplinary Authority and Inquiry Committee.
The court stated, “The Government of India/Disciplinary Authority/experts should conduct programme to apprise how to conduct inquiry in a sexual harassment case. The department of Personnel and Training (DoPT) is requested to make necessary arrangements for refresher training programme for the members of the committee and disciplinary authorities so as to avoid any procedural/violation of statutory rules in conducting inquiry and punishing the perpetrators. A copy of this order should be communicated to the DoPT Secretary, and the Law Department of Government of India”.
On being convinced that there was in fact a violation of the Sections 16 and 17 Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 - the Court has directed the appropriate authorities to take legal action against the ICC members and the Director. The proceeding is essentially to be completed within a period of four months. The Court stated , “It is evident that both Director and the ICC have committed error in giving statement to the press and violated the said provisions. The competent authority is directed to take action against them in accordance with law”.
The provisions prevent any kind of publication or communication (in the media) with respect to the identity of the alleged parties involved in such matter/the action being taken in respect of the same.
