GUWAHATI, June 25 � The Gauhati High Court by a Judgment dated June 19, 2015 set aside the order of dismissal of service (dated November 8, 2013) of Dr CSHN Murthy, Professor, Department of Mass Communication and Journalism, Tezpur University and quashed the connected departmental enquiries and further directed the Tezpur University to reinstate Dr CSHN Murthy to his post within a period of one month and to pay him all the back wages from the date he was removed from service within a period of three months failing which the petitioner shall be entitled to interest @ 12% per annum from the date of the judgment.
Dr CSHN Murthy was serving as a Professor in the Department of Mass Communication and Journalism (MCJ) in Tezpur University. The petitioner filed a writ petition ( W.P.(C) No. 6558/13 ) challenging the order of removal from his service issued by the Tezpur University on November 8, 2013. While the petitioner was discharging his duties in Tezpur University, the allegation of sexual harassment was levelled against him by some girl students of his department and the same has led to an enquiry by the Complaint Committee on sexual harassment of Tezpur University.
The Committee recommended for termination of his service and accordingly a departmental proceeding was initiated after placing him under suspension. The basic ground of the petitioner before the court was that the impugned departmental enquiry conducted against Dr CSHN Murthy suffers from serious procedural improprieties in as much as he was denied of adequate opportunity of hearing to defend himself.
The further contention was that the proceedings, right from the beginning, were tailor-made for complainants by the University authority who were bent upon inflicting maximum penalty. Therefore, the same was biased.
Justice T Vaiphei after hearing the case passed the judgment on June 19, 2015 and elaborately discussed the entire facts and material placed before the Court. In the judgment, the guideline / direction issued by the Apex Court in the case of Vishaka -vs-State of Rajasthan reported in (1997) 6 SCC 241 and the case of Medha Kotwal Lele�vs-Union of India reported in (2013) 1 SCC 311 in respect of prohibition of sexual harassment of working women were also discussed .
The Court, inter alia, held that the enquiry proceeding initiated against Dr CSHN Murthy suffers from the vice of illegality, procedural impropriety and arbitrariness and accordingly, held that removal of the petitioner from his service by the impugned office order dated November 8, 2013 and the connected departmental enquiries can not be sustained in law and, therefore, the same are quashed and directed the Tezpur University authority to reinstate Dr CSHN Murthy to his post.