HC strikes down IIT-B prof’s demotion over allegations of sexual harassment

The Bombay High Court reinstated an IIT-Bombay professor, overturning his demotion due to lack of a departmental inquiry following harassment allegations.

MUMBAI: The Bombay high court last week struck down the order demoting an IIT-Bombay professor to entry level and restraining him from working as a guide for female students following allegations of sexual harassment.

HC strikes down IIT-B prof’s demotion over allegations of sexual harassment

A division bench of justice Bharati Dangre and justice Ashwin Bhobe took objection to the order because it was based solely on the report of the Internal Complaints Committee (ICC) and neither departmental inquiry had been conducted nor charge-sheet issued.

Prof (Dr) D Ramakrishnan had approached the high court in 2022, challenging the December 23, 2019, order of the Board of Governors, which also directed that during the penalty period, he was not to be permitted to serve on any academic or administrative committee and considered for any position or responsibility in the institute.

His counsel, advocate Ramesh Ramamurthy, submitted that the penalty order could not have been issued without issuing him a charge-sheet and conducting a departmental inquiry where he could have presented his side.

In support of his submissions, advocate Ramamurthy relied on 2020 Supreme Court rulings on complaints of sexual harassment at workplace, which held that conducting departmental inquiry in such cases “is indispensable so as to enable the employee concerned to vindicate his position and establish his innocence.”

The division bench accepted the argument advanced on behalf of the IIT-B professor, observing that the legal position flowing from the authoritative pronouncements of the Apex Court bind one and all and “deemed it appropriate to set aside the impugned order passed against the petitioner without conduct of disciplinary proceeding,”.

The bench clarified that the position of the professor “in the institute, which stood prior to December 23, 2019, shall stand restored” and left it open to the IIT-B administration to proceed against the professor based on the ICC report, but strictly in accordance with law.