ABDUL BASIT vs JAWAHARLAL NEHRU UNIVERSITY AND ORS

$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5893/2024 and CM APPL. 24322/2024
ABDUL BASIT ….. Petitioner
Through: Mr. Azad Bansala and Ms. Prakriti Rastogi, Advocates

versus

JAWAHARLAL NEHRU UNIVERSITY
AND ORS ….. Respondents
Through: Mr. Vasanth Rajasekaran, SC with Mr. Harshvardhan Korada, Adv.
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
J U D G M E N T (O R A L )
% 26.04.2024

1. The grievance of the petitioner in this case is directed against recommendations dated 26 February 2024 made by the Internal Complaints Committee (ICC) in the Jawaharlal Nehru University (JNU), consequent on a complaint received against the petitioner alleging sexual harassment of a colleague. The petitioner alleges that the ICC was not constituted as per the applicable Rules and that the objections by the petitioner to that effect were not considered. It is further alleged that the ICC proceeded to rely on the depositions of third parties with which the petitioner was never confronted and acted, therefore, in violation of the principles of natural justice.
2. The Petitioner has preferred an appeal against the impugned recommendations under Rule 8(5) of the Rules and Procedures of the Internal Complaints Committee (ICC) under the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 and Gazette notification dated 2nd May, 2016 issued by the Ministry of Human Resource Development under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
3. Mr. Vasanth Rajasekaran, who appears for the JNU submits, on instructions, that the JNU would ensure that the appeal is decided by the competent Appellate Authority within the time stipulated by this Court in that regard and communicate it to the petitioner forthwith.
4. In that view of the matter, I deem it appropriate to dispose of this writ petition, with a direction to the JNU, to ensure that the appeal preferred by the petitioner is disposed of, within a period of four weeks from today, in compliance with the principles of natural justice after affording an opportunity of hearing to the Petitioner by the authority competent in that regard. It would be ensured that no member of the ICC is a Member of the Appellate Authority.
5. The impugned recommendations of the ICC would not be acted upon till one week following the decision of the Appellate Authority in case the decision of the Appellate Authority is adverse to the petitioner.
6. The Appellate Authority is directed to deal with all submissions advanced by the petitioner in his appeal. The order is required to be reasoned and speaking in nature.
7. The petitioner is directed to cooperate with the proceedings of the Appellate Authority.
8. This writ petition stands disposed of in the aforesaid terms.

C.HARI SHANKAR, J
APRIL 26, 2024/yg

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