NEW DELHI: The Delhi high court put on hold the rustication of a JNU student who had accused a hostel warden of sexual harassment, saying the university did not follow the prescribed procedure while taking the decision.
Justice Sanjeev Sachdeva stayed the university’s May 30 decision to rusticate the female student for one semester.
He said JNU did not provide sufficient time for the student to respond to the show cause notice and that the order appeared to have been passed without an inquiry.
The court also issued notice to the university and sought its response on the student’s plea.
She was rusticated for a semester on the basis of a report by Gender Sensitisation Committee against Sexual Harassment (GSCASH) which said she had made a false complaint against the warden.
“Prima facie, I am satisfied that the respondent No.1 (JNU) has not complied with the provisions of the rules and procedures prescribed. The showcause notice dated May 20, 2016, appears to have been served on the petitioner (student) on May 27 which did not provide sufficient time to her to respond to the said show-cause notice.
“Consequent to the showcause notice, prima facie, there does not appear to have an inquiry conducted and the impugned order has been passed. In view of the above, issue notice. Renotify on August 23. In the meantime, the order dated May 30 shall remain stayed,” the court said. The student further alleged that even the committee report was not given to her.
{{/usCountry}}“Consequent to the showcause notice, prima facie, there does not appear to have an inquiry conducted and the impugned order has been passed. In view of the above, issue notice. Renotify on August 23. In the meantime, the order dated May 30 shall remain stayed,” the court said. The student further alleged that even the committee report was not given to her.
{{/usCountry}}The girl had complained against the warden at Vasant Kunj police station on November 22. After an FIR was registered, the committee carried out an enquiry.
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