BENGALURU: The Karnataka High Court on Friday stayed the order passed by a single bench setting aside the report and findings of an Internal Committee and compulsory retirement imposed on Prof Giridhar Madras, Indian Institute of Science (IISc), by a disciplinary authority, in relation to alleged sexual harassment charges.
Hearing an appeal filed by IISc against a single-bench order dated August 6, 2019, a division bench of Justice Ravi Malimath and Justice M Nagaprasanna also stayed the direction issued by the single bench that action be taken against members of the Internal Committee Against Sexual Harassment and the
IISc Director.
The single bench had quashed the committee report dated February 8, 2018, inquiry report dated February 28, 2018, and also the order dated October 17, 2018, imposing compulsory retirement on the professor of the Department of Chemical Engineering, in relation to sexual harassment allegation made against him by one of his female students.
In its appeal, the IISc contended that the single-bench judge “erred in setting aside the report and findings of the committee as well as the punishment imposed by the disciplinary authority” and this was a “violation of principles of natural justice and miscarriage of justice.”
“The findings were recorded after giving sufficient opportunity to the accused professor (to clarify himself). Also punishment of compulsory retirement was imposed and granting 75 % pensionary benefits, after taking into account the seriousness of the charges. Therefore, the single judge ought not to have interfered with the inquiry or its findings,” the IISc said.
The single judge had said that the whole proceeding of conducting inquiry was vitiated till imposition of penalty due to lapses on the part of the inquiry committee and disciplinary authority. In view of this, the Centre should conduct refresher training programme for the committee members as well as the disciplinary authority, the single-judge bench had said.