Central Administrative Tribunal - Mumbai
Vasant Kothari vs National Institute Of Fashion ... on 17 April, 2026
1 OA No. 154/2015
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.154/2015
Order reserved on: 16.12.2025
Order pronounced on: 17.04.2026
Hon'ble Mr. Justice M.G. Sewlikar, Member (J)
Hon'ble Mr. Sangam Narain Srivastava, Member (A)
Shri Vasant Kothari,
Son of Ramesh Chandra Kothari,
Age 38 years, Ex-Assistant Professor,
N.I.F.T., Mumbai Campus,
Residing at B-302, Kasturi CHS, Sector-10,
Khargar, Navi Mumbai 410 210.
-Applicant
(By Advocate: Senior counsel, Mr. R.R. Shetty a/w Mr.
Vishal Shirke)
Versus
1. The National Institute of Fashion
Technology, through the Board of
Governors, near Gulmohar Park, Hauz
Khas, New Delhi 110 016.
2. The Director- General,
National Institute of Fashion
Technology, Establishment Section,
Near Gulmohar Park,
Hauz Khas, New Delhi 110 016.
- Respondents
(By Advocate: Mr. V.B. Joshi)
Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990,
Phone=
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475,
Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER=
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN=
Nicky Kumari
Reason: I am the author of this document
Location:
Date: 2026.04.22 17:36:37+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA No. 154/2015
ORDER
Per: Justice M.G. Sewlikar, Member (J)
The applicant has filed this OA seeking following reliefs:-
"8.a. This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside the impugned order 26.02.2015 with all consequential benefits.
b. This Hon'ble Tribunal may further be pleased to direct the Respondents to reinstate the Applicant in service with effect from 26.02.2015 along with full back wages.
c. Costs of the application be provided for.
d. Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed."
2. Facts in brief are that the applicant was appointed as Assistant Professor of National Institute of Fashion Technology (NIFT) (an autonomous body of the Government of India under the Ministry of Textiles) on 26th March, 2008. Pursuant to the advertisement issued by NIFT for filling up the post of Joint Director on contract basis, the applicant made application as a departmental candidate Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= and was selected and appointed as Joint Director at NIFT 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Bhopal on contract basis for a period of three years.3 OA No. 154/2015
2.1 A fresher's party was arranged on 08th September, 2013 between 5 pm and 8:30 pm. This party was arranged with the permission of the Director, SDAC, NIFT Bhopal. At around 5 pm, applicant visited the campus along with his two daughters to make sure that things were in order. During the party, few students approached him and requested to extend the party time to 10:30 pm which he denied.
2.2 One Kshitij Pandey, student of TD-VII made a complaint to the Director about the arrogant behaviour of the applicant during the fresher's party. Pursuant to that, a local committee was constituted by NIFT, Bhopal. The purpose of the committee was to discipline one of the students who had made a phone call to the Director General in inebriated state. These students made some statements against the applicant about his harassment to a girl student in the said fresher's party. The applicant who was a member of the local committee immediately withdrew himself from the said committee. One of the committee Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 members, Ms. Supriya Yadav also complained against the applicant. A signature campaign was conducted against the 4 OA No. 154/2015 applicant in the campus and many fake signatures were made so as to pressurize the NIFT to take action against the applicant.
2.3 Ms. Supriya Yadav despite having made allegations against the applicant, continued to be a member of the said committee. The first official communication that the applicant received was from the Director General on 15th October, 2013 by which an e-mail and complaint received against him was forwarded to him.
The applicant was called upon to submit his response. A copy of the e-mail is at Annexure-A-2. The said e-mail contained three attachments viz., Minutes of Meeting, Copy of the letter dated 15th October, 2013 of Ms. Supriya Yadav and few complaints by the students, collectively marked as Annexure-A-3.
2.4 From the Minutes of the Meetings, it appears that on 09th September, 2013, Kshitiz Pandey had submitted a written complaint (Annexure A) to Director Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 NIFT, Bhopal regarding weird behavior of the applicant in fresher's party evening on 08th September, 2013. He had 5 OA No. 154/2015 also complained about the alleged behavior of the applicant with one female student. The allegations against the applicant were as under:-
"To, Director, NIFT Bhopal These are the collective statements made by the various girl students on the meeting of 13th September, 2013 in front of all the female members of the committee formed for inquiry on complaint of Kshitij Pandey/ Shreya Gupta against JD NIFT Bhopal Mr. Vasant Kothari.
The following are the same:
When Joint Director is taking, he never talks by looking into eyes.
On the day of Priyanka Singh death, when girls called Joint Director, he told to go to nearby police station and lodge FIR and if any problem then call. We called Sharad Sir and Soumik Sir to then come for help. Kolar Road is not safe and how we can go to Kolar Thane at night being girls When we dress at the time of presentation, see our legs and tell to repeat presentation (only to girls).
At the time of presentation, Joint Director stands behind the students and watch. He never tell boys to give presentation again.
On Teachers day it was noticed Joint Director Girls and they were feeling embarrassed.
JD asks the girls to meet him after 6:00 pm whenever they (girls) have any problem and when we talk to him he only stares at my breast, and always Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari addresses girls with "Madamjee" and his gestures are not correct.
Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 He sees only breast and no eye contact.
At the time of presentation see only neck and legs.6 OA No. 154/2015
Watch top to bottom at the time of talking rather to see in eyes.
On the day of Fresher's party, Joint Director was watching towards balcony of girl's hostel where their undergarments were hanged.
His speaking tone is much weird and only sees breast part even while working on his laptop.
Calls "Madamjee" and sees breast when gone for submitting logbooks.
Girls usually think to wear dress another day rather on the day of Joint Director's Class. Even Boys observe the odd behavior of Joint Director.
Joint Director sees between the spaces of two buttons of the shirt when girls bend down.
Joint Director had downloaded movie "Nasha"
Bollywood Porn movie. Always speaks in weird tone. And questions the girl students in the class: "What you feel if you found yourself pregnant one morning? And always talks about marriage and tell learn adjustment because girls have to adjust after their marriage.
At the time of hostel problem he told "Madamjee, after marriage you have to do adjustment so why not from today?"
He tries to show women low and says you will do whatever your husband wants.
His way of speaking is weird and not gives importance to women.
Joint Director was starring me and my friends on the day Fresher's Party.
When I was clicking the photographs on fresher's day, Joint Director told me to email all the photos to Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari his private email id. Even through on the other side Abhay and Nikhil were also clicking the Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 photographs.7 OA No. 154/2015
He always tells to meet him after 6:00 pm if any problem or even can call on Saturdays or holidays too.
Calls Madamjee, speaking tone is very weird and sarcastic.
His way is very cheap and disgusting on the fresher's day party.
If my daughter will marry a boy, it will be grateful to her.
Joint Director told students to submit their schedule what they do between 6:00 pm to 8:00 am. Why he ask personal talks.
Joint Director is always mapping something in mind when talking to person.
When asked to do some pooja after piraha's suicide for peace of mind but Joint Director refused and told there is no use of such type of pooja.
When we asked for flag down/flag off ceremony from Joint Director then he told these type of flag down ceremony being done only for big people not for college person (Priyanka Singh's case) Joint Director always provokes students to speak something.
Joint Director always gives stupid examples during class timings and then remembers in the last minutes of the class that something has to be taught and then tells for extra class for covering the topic/subject.
Fresher's day party: Why Joint Director sat in the party, if the party is only for students, why he interfered.
In last all girls agreed unanimously that whatever Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Kshitij, student of TD-VII had complaint to DG was on behalf of girl students."
Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No. 154/2015 2.5 The applicant tendered his reply (Annexure-A-4) on 17th October, 2013 to respondent no. 2 inter-alia stating that the allegations made against him were essentially on account of forcing the students to shut the fresher's party at 8:30 pm and other complaints by staff and faculty are on account of discipline and punctuality he tried to enforce.
Vide Annexure-A-5, the applicant submitted one more para-wise reply. The Registrar of the NIFT vide order dated 18th November, 2013 issued an advisory to the applicant (Annexure-A-6).
2.6 It is further alleged that Ms. Supriya Yadav and few more students approached the Women's Commission in October, 2013 complaining against the applicant. In the wake of these developments, the applicant sought voluntary transfer to NIFT, Jodhpur as Joint Director which was granted and applicant joined NIFT, Jodhpur in November, 2013. It is further averred that some reports were published in the media against the applicant. The police on the basis of the said media reports, registered an Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 FIR against the applicant, consequent to which, applicant 9 OA No. 154/2015 was arrested on 20th December, 2013 and was immediately released on bail.
2.7 According to the applicant, NIFT, Bhopal constituted Women's Grievance Committee vide letter dated 05th November, 2013. The said Women's Grievance Committee submitted its report on 07th December, 2013 opining that the allegations made by the students needed to be further investigated. On 27th December, 2013 (Annexure-A-8), the NIFT, Bhopal constituted Internal Complaint Committee (ICC) under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).
2.8 It is further alleged that ICC conducted its first meeting on 22nd January, 2014. The applicant by his statement dated 22nd January, 2014, asked for full names of students who had complained against him. The ICC examined the students separately in absence of the applicant and examined the applicant separately at the Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Guest House. The applicant was totally unaware of the names of the students who had complained against him.10 OA No. 154/2015
2.9 It is further alleged that on 24th February, 2014, a meeting was conducted by the ICC in which no business was transacted. 3rd meeting of the ICC was conducted on 22nd April, 2014 of which intimation was given to the applicant just 12 hours before the meeting. The applicant could not attend the said meeting in which the ICC recorded statements of some four faculty members. The ICC submitted its report to Director General to respondent no. 2, copy of which was supplied to the applicant vide OM dated 23rd May, 2014. ICC stated in its report (Annexure-A-
10) hereinafter referred to as the 'first report' that the conduct of the applicant fell within the parameters of the PoSH Act.
2.10 The applicant further alleged that vide OM dated 23rd May, 2014, the Chief Vigilance Officer (CVO) of NIFT had stated that the report of the ICC had been considered by respondent no. 2. The said findings of the ICC had been accepted by respondent no. 2 and tentatively decided to impose a major penalty on the applicant under CCS (CCA) Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Rules, 1965. By way of formality, the applicant was asked to submit a reply on the report of the ICC. The applicant 11 OA No. 154/2015 had tendered his reply to the CVO but he was asked to submit his reply to ICC. Accordingly, he submitted his reply (Annexure-A-11) to the ICC.
2.11 It is further contended by the applicant that after submission of report by ICC and acceptance thereof by Director General (Annexure-A-2), the ICC fixed its meeting on 21st August, 2014. In the said meeting dated 21st August, 2014, the Committee examined Ms. Shreya Gupta, student; Ms. Praiyam Sharma, student; Ms. Supriya Yadav, Assistant Professor; Ms. Anupam Saxena, Assistant Professor and Ms. Anamika Sharma, Assistant Accounts.
The applicant made a request to cross examine these witnesses and he was allowed to do so. However, Ms. Supriya Yadav refused to give statement and refused to subject herself for cross examination. Ms. Shreya Gupta did not state anything against the applicant but explored possibility of reconciliation/mutual settlement. Ms. Praiyam Sharma stated that she did not experience anything personally. The ICC submitted its final report on Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 14th October, 2014 (Annexure-A-12). Hereinafter referred to as the 'second report'.12 OA No. 154/2015
2.12 The findings of the ICC in the second report are absolutely vague. The Committee recorded findings that there was no evidence other than complaints and statements of the students, faculty members and staffs might have experienced unwelcome non-verbal conduct of the applicant. The ICC therefore, recommended to take action against the applicant as per CCS (CCA) Conduct Rules. The applicant was asked to submit his representation on the second report of the ICC (Annexure-
A-12) vide OM dated 26th November, 2014 (Annexure-A-13). The applicant submitted his reply to the said OM on 01 st January, 2015 (Annexure-A-14). The applicant stated in the reply that no penalty can be imposed on him without conducting disciplinary enquiry against him under the provisions of CCS (CCA) Rules, 1965. However, the applicant was served with the order dated 26th February, 2015 passed by respondent no. 2 imposing penalty of removal from service. This is the order impugned in this OA (Annexure-A-1).
Digitally signed by Nicky KumariDN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA No. 154/2015
3. Respondents filed their reply. They contend that the order of removal from service of the applicant was issued by NIFT head office located at New Delhi and the Chairperson of ICC is also located at New Delhi. Therefore, this Tribunal has no jurisdiction and the jurisdiction vests with Principal Bench, New Delhi.
3.1 They further state that on receipt of a written complaint (Annexure-R-1) on 09th September, 2013 from Shri Kshitij Pandey, then a student of VIIth Semester, NIFT Bhopal, a Committee chaired by Professor Sameer Sood was constituted by Director, Bhopal on 09th September, 2013. The committee was reconstituted on 12th September, 2013 by inducting more Lady Faculty Members to look into the complaint of Kshitij Pandey dated 09th September, 2013 and his fresh complaint dated 11th September, 2013. The said Kshitij Pandey by his complaint dated 09th September, 2013 (Annexure-R-1) stated that because of weird tone of the applicant to one of his friends, Ms. Shreya Gupta, then student of NIFT Bhopal who got hurt by his tone, had Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 called DG-NIFT at 9:30 pm on 08th September, 2013.14 OA No. 154/2015
3.2 Kshitij Pandey handed over another statement to the said committee on 11th September, 2013, inter-alia, stating therein that he had called DG-NIFT on 08th September, 2013 for complaining about certain issues relating to the applicant and about misbehavior of the applicant. They contend that from the complaints dated 09th September, 2013 and 11th September, 2013 (Annexure-R-1 & R-3), the committee was constituted by Director, NIFT Bhopal to look into the complaints made by Kshitij Pandey. These allegations were not made during the meeting of the committee. During the proceedings of the said committee, two Lady Faculty Members including Ms. Supriya Yadav (who was part of the said committee), Prof. Sameer Sood and Ms. Vishaka Agarwal, Assistant Professor, NIFT Bhopal alleged that the applicant used to look at them in derogatory way.
3.3 The minutes of the meeting are at Annexure-R-4.
It is recorded in the minutes of the meeting of the Committee held on 13th September, 2013 (Annexure-R-4) Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 that around 30-40 girl students had gathered there for their complaints against applicant. During the proceedings 15 OA No. 154/2015 of the said Committee on 13th September, 2013, three Lady Faculty members including Ms. Supriya Yadav, Ms. Anupam Saxena and Ms. Anamika Sharma made complaints against the applicant alleging that the applicant had no respect towards feminine gender and he portrays it very openly. He looks at woman with sexual intent causing mental and physical harassment to all the female fraternity of NIFT Bhopal. These faculty members submitted written complaint on 14th September, 2013. They had alleged that the applicant aways spoke to them in threatening or warning tone.
3.4 The Committee constituted/ reconstituted by Director, Bhopal vide order dated 09th September, 2013/12th September, 2013 was basically a preliminary fact finding enquiry committee. It did not make any conclusion or recommend any action against the applicant.
The applicant was transferred to Jodhpur on his own request in November, 2013. He tendered his resignation from the post of Joint Director, Jodhpur and requested for Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 transfer to NIFT, Mumbai as Assistant Professor vide Annexure-R-11 & R-12. Resignation of the applicant from 16 OA No. 154/2015 the post of Joint Director was accepted by the Competent Authority and as per his request, he was transferred to NIFT, Mumbai as Assistant Professor for one semester i.e. 6 months only vide order dated 17th July, 2014 (Annexure-R-
13).
3.5 It is further alleged that the Complaints Committee of NIFT, Bhopal constituted on 05th November, 2013 suggested that the allegations needed to be further investigated and, therefore, the complaints committee suggested that a High Level Committee needed to be constituted by Director General, NIFT. The ICC gave its findings vide its report dated 25th April, 2014 and 14th October, 2014. A follow up meeting was held by the ICC, NIFT Bhopal on 25th February, 2014 to review the progress of the case. Since it was a review meeting of the ICC Members, the complainants or complainee (Applicant) were not informed or called. The report was considered by the disciplinary authority. The disciplinary authority agreed with the findings of the ICC and decided to impose major Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 penalty on the accused. A copy of the report was forwarded to the applicant for making representation.17 OA No. 154/2015
3.6 It is further alleged that while examining the matter after receipt of the representation of the applicant, realized in July, 2014 that the report of the ICC NIFT Bhopal dated 25th April, 2014 had erroneously mentioned the same to be under Section 13 of the PoSH Act whereas the ICC should have prepared the report under Section 11 of the PoSH Act. Accordingly, NIFT withdrew the letter dated 23rd May, 2014 addressed to the applicant for making representation, if any, on the findings of the report of ICC NIFT Bhopal dated 25th April, 2014 and advised the ICC to submit final report under Section 13 of the Act.
3.7 In tune with this, NIFT withdrew the letter dated 23rd May, 2014, a copy of which is at Annexure-A-16. The applicant was asked to submit his representation. The ICC submitted his final report dated 14th October, 2014. In the report, ICC made recommendations.
3.8 The respondents further contend that the applicant should have exhausted the remedy of appeal and Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 revision as provided under CCS (CCA) Rules, The 18 OA No. 154/2015 application is, therefore, not maintainable and deserves to be dismissed.
4. The applicant filed rejoinder. He contends that at the time of issuance of the order dated 26th February, 2015, the applicant was posted at Mumbai and therefore, in accordance with the provisions of Rule 6 of the CAT (Procedure) Rules, 1987, the applicant has correctly filed this OA before this Bench. The real reason for Mr. Kshitij Pandey to make telephone call to the Director General was that the applicant did not allow the freshers party to continue beyond 8:30 pm. The constitution of the committee was only to enquire into the telephonic call made by Kshitij Pandey. During the proceedings of this meeting, lady members raised the issue about the alleged weird tone of the applicant. This is evident from the minutes of the meeting.
4.1 He further alleged that the said Kshitij Pandey improved his story. The Committee recorded that Kshitij Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Pandey could not elaborate on the alleged misbehavior and that Ms. Shreya Gupta was not present in the campus.19 OA No. 154/2015
When the committee met again on 11th September, 2013, Kshitij Pandey improved his story by adding that previously he had heard his fellow female members complaining about the applicant. On the basis of vague complaint dated 11th September, 2013, the Director added Ms. Supriya Yadav and Ms. Vishaka Agarwal as the members of the committee.
4.2 He further contends that the committee was supposed to enquire into the complaint of Kshitij Pandey dated 09th September, 2013 and 11th September, 2013.
However, the committee enlarged its scope by calling some of the female faculty members and staff to gather material against the applicant.
4.3 He further contends that the complaints of the faculty staff against the applicant were forwarded to the Director General. There is a separate detailed report of the Director dated 05th October, 2013. The said report of the Director states that nothing adverse was found against the Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 applicant.20 OA No. 154/2015
4.4 The procedure adopted by the ICC as per the allegations made by the applicant in the rejoinder was in complete violation of principles of natural justice.
4.5 He further contends that Ms. Shreya Gupta did not want to press the complaint against the applicant.
There was no need or occasion for the ICC to subject her to the cross examination. That is the reason, Ms. Shreya Gupta changed her mind and informed the committee that she did not wish to withdraw the complaint. The applicant has not been provided with the copy of the statements / cross examinations of the witnesses recorded on 21st August, 2014, which amounts to violation of principles of natural justice. Ms. Shreya Gupta was not ready to file any complaint and she left the committee room. However, because of the insistence of Ms. Supriya Yadav, Ms. Shreya Gupta was forced to write the complaint on 16th September, 2013.
4.6 The ICC did not follow the procedure envisaged Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 under Rule 14 of the CCS (CCA) Rules. No specific charges were leveled against the applicant. The applicant did not 21 OA No. 154/2015 precisely know who exactly were the complainants against him nor copies of complaints were provided to him. The ICC examined the complainants and witnesses behind the back of the applicant and submitted report to the Disciplinary Authority who accepted the same and decided to punish the applicant. The applicant was asked to submit reply before the ICC under Section 11 of the Act. The allegations against the applicant do not amount to sexual harassment. Mere staring does not amount to sexual harassment.
5. Respondents filed reply to rejoinder. They contend that in the statement of Ms. Supriya Yadav recorded by the police officer, she stated that applicant always used to see her breast and private parts whenever she went in his chamber for official work. Same is the statement of Ms. Anupam Saxena. The statement of the police officer, Shri Sameer Sood clearly stated that Ms. Shreya Gupta told before the committee that the applicant used to see towards her legs and breast as a result she felt Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 embarrassed.22 OA No. 154/2015
6. We have heard learned counsel for the applicant and learned counsel for the respondents. Learned counsel for the applicant and respondents have filed written arguments. Perused the written arguments.
7. Learned senior counsel for the applicant submitted that in terms of Rule 14 of the CCS (CCA) Rules, 1965, the ICC has to work at two stages. It has to initially function as a fact finding committee and then submit a report to the Disciplinary Authority. The Disciplinary Authority, thereafter, has to issue a chargesheet to the concerned employee if the Disciplinary Authority finds that a misconduct is made out against the concerned employee and then refer the chargesheet to the ICC. The ICC, thereafter, shall hold the enquiry and submit the report and make recommendations against the concerned employee to the Disciplinary Authority. To substantiate this contention, he has placed reliance on the case of Nisha Priya Bhatia vs Union of India and Another, (2020) 13 SCC 56.
Digitally signed by Nicky KumariDN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 23 OA No. 154/2015
8. He contended that this procedure has not been followed by the respondents and, therefore, the inquiry gets vitiated. He contended that the ICC gave the report, but the Disciplinary Authority has not issued the chargesheet to the applicant. There can be no enquiry in the absence of the chargesheet. On this ground alone, the inquiry gets vitiated.
9. Learned senior counsel further submitted that the findings recorded by ICC in both the reports are vague and unsustainable. There is no finding in both the reports that the applicant committed any act of sexual harassment. In the complaint, most of the allegations do not amount to sexual harassment. He submitted that when principles of natural justice are violated, aggrieved party can directly approach the Tribunal. He placed reliance on the following case laws:-
(i) Nisha Priya Bhatia vs Union of India and Another, (2020) 13 SCC 56.
(ii) Vishal Garg vs. National Investigation Agency & Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Anr. in OA No. 644/2025 (CAT, Principal Bench).24 OA No. 154/2015
(iii) Union of India and Another versus Kunisetty Satyanarayana (2006) 12 SCC 28.
(iv) Whirlpool Corporation versus Registrar of Trade Marks, Mumbai, (1998) 8 SCC 1.
(v) Eknath Shankar Kamble versus Chief Executive Officer & Ors. in Writ Petition No. 12326 of 2017 (Bombay High Court).
(vi) Anyssia Viegas versus State of Goa & Ors. in Writ Petition no. 182 of 2021 (Bombay High Court at Goa).
10. Learned counsel for the respondents submitted that once complaint under PoSH Act is received, what the disciplinary authority has to do is to forward the complaint to ICC. In terms of Rule 14(2) proviso, ICC is the inquiring authority. Inquiry authority i.e. ICC has to submit the report along with recommendations to the Disciplinary Authority and Disciplinary Authority has to pass appropriate orders on the said report. There is no question of disciplinary authority serving chargesheet on the applicant. And, therefore, ICC submitted the report which Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 was accepted by the Disciplinary Authority. He placed reliance on the case of Medha Kotwal Lele and Others vs. 25 OA No. 154/2015 UOI & Ors., (2013) 1 SCC 297. He submitted that Medha Kotwal Lele (supra) is a judgment delivered by three Judge Bench of the Supreme Court and this judgment has not been referred and, therefore, three Judge Bench of Supreme Court is binding. He further submitted that in Medha Kotwal Lele (Supra), it has been held that the ICC is the inquiring authority and, therefore, the role of disciplinary authority comes into play when ICC submits its report.
11. Learned counsel for the respondents further submitted that applicant was appointed as Assistant Professor on temporary basis on 26th February, 2008. His services were liable to be terminated without notice. He submitted that on 07.04.2008, order of appointment with effect from 26.02.2008 was issued to the applicant on the post of Asst. Professor. On 12th June, 2013, the applicant was offered appointment as Joint Director NIFT, it was for three years. On 17th July, 2014, the applicant tendered resignation as Joint Director and was appointed as Asst. Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Professor to Mumbai for a period of six months, 26 OA No. 154/2015 temporarily. The applicant had not kept lien on the post of Asst. Professor and, therefore, he cannot be reinstated.
12. He submitted that in the reply Annexure-A/5 dated 18.11.2013, the applicant had admitted the allegations of sexual harassment. In para 7, he has stated that he had said to all students that if they had any doubts, they can contact him after the office hours. He submitted that the allegations of the girls that the applicant used to ask the girls to meet him after 06.00 pm stands admitted. The applicant voluntarily explained that the reason behind this was that the students normally had classes till 05:30 pm and he also used to be busy in the office time. As regards the allegations of calling the girl students as "madam" or "madamjee" also stands admitted. The applicant contends in the reply that he did so, as it is difficult for him to remember the name of all the students and he often forgot their names, and students also knew about it. He further submitted that the allegations of the girl students were that the applicant used to see between Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 the space of two buttons of the shirt when the girls bend down and reply of the applicant was that he never asked 27 OA No. 154/2015 any girl to bend down in front of him. If they are wearing decent outfit for his classes, then this allegation is again not true. This shows that the applicant used to look into it when girls bend down.
13. Learned counsel further submitted that the allegation was that the applicant always spoke in weird tone and he had downloaded Bollywood porn movie "Nasha". He always spoke in a weird tone and always questioned the girl students in the class saying "What you feel if you found yourself pregnant one morning" and always talks about marriage and used to tell about adjustments because girls have to adjust after their marriage. The answer of the applicant was that it was with regard to campus placements, as students wanted him to discuss about it.
14. He submitted that the allegation regarding clicking of the photographs on fresher's day is also admitted by the applicant. The applicant used to say that if Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 his daughter would marry a boy, it would be grateful to her. His answer was that whole world is talking about same 28 OA No. 154/2015 sex marriage and it is his responsibility to prepare his daughter for her future. He submitted that vide Annexure-
A-6 on 18th November, 2013, the applicant was issued advisory that he should conduct himself with dignity in his dealing with the faculty, staff and students of the campus leaving no scope for complaints from any quarter. He was advised to refrain from such misdemeanors in future and failure on his part to do so may entail disciplinary action against him under relevant rules.
15. He submitted that these admissions of the applicant show his character. Inquiry was held, he was given opportunity to cross-examine the witnesses and, thereafter, the ICC submitted its report holding the applicant guilty of sexual harassment and made recommendations to the disciplinary authority. The disciplinary authority imposed punishment of removal from service on the applicant. He submitted that some of the statements were not supplied to the applicant as from the nature of the allegations, the ICC thought it fit not to make Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 them available to the applicant. Only on that count, inquiry 29 OA No. 154/2015 cannot be said to be vitiated. He placed reliance on the following cases:-
(i) Jwala Singh Vs. Union of India & Others, ILR (2005) I Delhi 744.
(ii) Kanak Kumari Giri versus Union of India & Ors.
2022 SCC OnLine Jhar 1034 (Jharkhand High Court at Ranchi).
(iii) Kendriya Vidyalaya Sangathan & Ors. versus Gauri Shankar, 2008 (100) DRJ 174 (DB) (Delhi High Court).
(iv) Utsav Babulal Makwana vs. Kendriya Vidyalaya Sangathan & Ors. in OA No. 15 of 2018 with MA No. 14 of 2018 dated 21st August, 2023 (CAT, Ahmedabad Bench).
(v) Director, Navodaya Vidyalaya Samiti and Others versus Babban Prasad Yadav and Anr. (2004) 13 SCC 568.
(vi) Harbanslal Sahnia and Anr. Vs. Indian Oil Corpn. Ltd. And Others, (2003) 2 SCC 107.
(vii) Avinash Nagra versus Navodaya Vidyalaya Samiti and Others, (1997) 2 SCC 534.
Digitally signed by Nicky KumariDN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0
(viii) Medha Kotwal Lele and Ors. Vs. Union of India and Ors. (2013) 1 Supreme Court Cases 311.30 OA No. 154/2015
(ix) Udai Singh and Ors. Vs. Kendriya Vidayalaya Sangathan, 2015 SCC onLine Delhi 9957.
(x) South Indian Bank Ltd. And Others versus Naveen Mathew Philip and Another, 2023 SCC OnLine SC 435.
16. We have given thoughtful consideration to the submissions made by learned counsels for the respective parties.
17. Complaint is against the applicant for sexual harassment on women under PoSH Act. According to the learned Sr. counsel for applicant Shri. Shetty, the inquiry under PoSH Act is conducted at two stages. The ICC holds meeting and holds preliminary inquiry. The representation of the preliminary inquiry is submitted to the disciplinary authority. If the disciplinary authority finds that there is prima facie substance in the report of the preliminary inquiry, the disciplinary authority prepares charge sheet and serves on the charged officer and inquiry is forwarded to the ICC. ICC conducts inquiry, submits its report to the Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 disciplinary authority and if disciplinary authority accepts the report of the ICC, disciplinary authority takes a call on 31 OA No. 154/2015 the quantum of punishment and imposes appropriate punishment. In the case of Nisha Priya Bhatia (supra) reliance on which was placed by the learned counsel for the applicant, it has been held that there has to be preliminary inquiry and, thereafter, charge sheet has to be served by the disciplinary authority and then inquiry is conducted by disciplinary authority. It has been held thus:-
"97. Be that as it may, in our opinion, the petitioner seems to have confused two separate inquiries conducted under two separate dispensations as one cohesive process. The legal machinery to deal with the complaints of sexual harassment at workplace is well delineated by the enactment of the Sexual Harassment of Women at Workplace Act, 2013 (hereinafter "the 2013 Act") and the Rules framed thereunder. There can be no departure whatsoever from the procedure prescribed under the 2013 Act and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (for short "the 2013 Rules"), either in matters of complaint or of inquiry thereunder. The sanctity of such procedure stands undisputed. The inquiry under the 2013 Act is a separate inquiry of a fact-finding nature. Post the conduct of a fact-finding inquiry under the 2013 Act, the matter goes before the department for a departmental enquiry under the relevant departmental rules [the CCS (CCA) Rules in the present case] and accordingly, action follows. The said departmental enquiry is in the nature of an in-house mechanism wherein the participants are restricted and concerns of locus are strict and precise. The ambit of such inquiry is strictly confined between the delinquent employee and the department concerned having due regard to confidentiality of the procedure. The two inquiries cannot be mixed up with each other and similar Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 procedural standards cannot be prescribed for both. In matters of departmental enquiries, prosecution, penalties, proceedings, action on inquiry report, appeals, etc. in connection with the conduct of the 32 OA No. 154/2015 government servants, the CCS (CCA) Rules operate as a self-contained code for any departmental action and unless an existing rule is challenged before this Court on permissible grounds, we think, it is unnecessary for this Court to dilate any further."
18. From these observations, it is seen that the Supreme Court has held that the inquiry under the PoSH Act is a separate inquiry of fact finding nature. Thereafter, the matter goes before the department for departmental inquiry under the relevant departmental Rules and, accordingly, action follows. At this stage, it is apposite to discuss the provisions of PoSH Act.
19. In the case of Laxman B. Panmand versus Nuclear Power Corporation of India Limited & Ors. in Writ Petition No. 9445 of 2019 with Interim Application No. 511 of 2021, Bombay High Court after quoting para 97 in Nisha Priya Bhatia case (supra) has held thus:-
"27. On reading of the aforesaid extract, it appears to us that law has been laid down in the following terms: (i) the inquiry under the Act of 2013 is a separate inquiry of a fact-finding nature; (ii) post conduct of such fact-finding by the Committee under the Act of 2013, the matter goes before the department for a departmental inquiry under the relevant Departmental Rules; and (iii) accordingly, action should follow.Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0
28. Although the Court did consider the CCS (CCA) Rules of 1965, we have not found any specific reference therein to the proviso to rule 33 OA No. 154/2015 14(2) thereof. As we read the proviso, the statutory mandate is clear that upon a complaint of sexual harassment within the meaning of rule 3(c) of Central Civil Services (Conduct) Rules, 1964, being received, the Complaints Committee established in each Ministry or Department or Office for inquiring into such complaints shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority for the purpose of the such rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these Rules. The proviso to rule 14(2) might have been overlooked by the Court while delivering the judgment in Nisha Priya Bhatia (supra). Also, the decision in Medha Kotwal Lele (supra) does not appear to have been cited before the Court where the Court intended that the report of the Internal Complaints Committee would serve as the inquiry report prior to disciplinary action being taken against an employee who misconducts himself at his workplace by his approach/attitude towards women employees, till such time legislation on the subject is enacted.....
xxx xxx xxx
30. Although Mr. Misra has sought to distinguish the decision in Nisha Priya Bhatia (supra) by contending that it was a case under the CCS (CCA) Rules of 1965, where provisions are different from those contained in the D & A Rules of 1996, we cannot possibly avoid the said decision; on the contrary, we are bound by it. The Court in Nisha Priya Bhatia (supra) has interpreted the provisions of the 2013 Act and has categorically held that the petitioner before it seems to have confused two separate inquiries conducted under two separate dispensations as one cohesive process. It was also held that the Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari after the fact-finding committee under the Act of 2013 conducts an inquiry, the matter should go Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 before the department for a departmental inquiry under the relevant departmental rules. The distinction sought to be drawn by Mr. Misra is too tenuous to be acceptable. We conclude, based on 34 OA No. 154/2015 our reading of paragraph 97 of the decision in Nisha Priya Bhatia (supra), that the disciplinary authority of the petitioner ought to have treated the report of the ICC as a preliminary/fact finding report and ought to have initiated disciplinary proceedings by drawing up a charge-sheet under rule 12.3 and, thereafter, proceed in the manner as required by rule 12.4 and the sub-rules following it."
20. In the case of Dr. Sohail Malik versus Union of India & Anr. in Civil Appeal No. 404 of 2024, Supreme Court has held thus:-
"60. .....As discussed above, during the operation of the guidelines as laid down by this Court in Visakha (Supra) and prior to the enactment of the POSH Act, this Court had directed in Medha Kotwal Lele (Supra) that the Complaints Committee under the guidelines shall be deemed to be an inquiry authority for the purposes of the CCS Conduct Rules, 1964. In pursuance of the same, the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as "CCS CCA Rules, 1965") also came to be amended by inserting a proviso below sub-rule 2 of Rule 14 relating to treatment of the Complaint Committee as Inquiring Authority. This was notified vide Notification No. 11012/5/2001-Estt.A dated 01.07.2004 published in Gazette of India vide G.S.R. No. 225 dated 10.07.2004.
61. Sub-rule 2 of Rule 14 of the CCS CCA Rules, 1965 and the proviso thereto is relevant and is therefore quoted as under:
"(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= Servants(Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, the 35 OA No. 154/2015 Complaints Committee established in each Ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules."
62. In order to further clarify the role of the ICC in conducting inquiry, the Government of India's Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training issued Office Memorandum being F No. 11013/2/2014-Estt (A-III) dated 16.07.2015 (hereinafter referred to as "OM dated 16.07.2015"), after the POSH Act had come into force, with the subject 'Steps for conducting inquiry in case of allegation of Sexual Harassment', which is also of much relevance. The said OM lays down the dual role of the ICC / Complaints Committee and envisages a two-step inquiry into an allegation of sexual harassment. Paragraphs 7 and 8 of the OM dated 16.07.2015 provide for the investigative role played by the ICC as follows:
"Need for investigation
7. The Complaints Committees may act on complaints of sexual harassment when they receive them directly or through administrative authorities etc, or when they take cognizance of the same suo- moto. As per Section 9(1) of the Act, the aggrieved woman or complainant is required to make a complaint within three months of the incident and in case there has been a series of incidents, three months of the last incident. The Complaints Committee may however extend the time limit for reasons to be recorded in writing, if it is satisfied that the circumstances were such which prevented the complainant from filing a complaint within the stipulated period.
Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER=
8. As mentioned above, the complaints of sexual harassment are required to be handled by 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Complaints Committee. On receipt of a complaint, facts of the allegation are required to be verified. This is called preliminary enquiry/fact finding enquiry or investigation. The Complaints 36 OA No. 154/2015 Committee conducts the investigation. They may then try to ascertain the truth of the allegations by collecting the documentary evidence as well as recording statements of any possible witnesses including the complainant. If it becomes necessary to issue a Charge Sheet, disciplinary authority relies on the investigation for drafting the imputations, as well as for evidence by which the charges are to be proved. Therefore this is a very important part of the investigation."
63. Paragraphs 9, 10 and 11 of the OM dated 16.07.2015 clarify the dual role of the ICC as follows:
"Dual Role
9. In the light of the Proviso to the Rule 14 (2) mentioned above, the Complaints Committee would normally be involved at two stages. The first stage is investigation already discussed in the preceding para. The second stage is when they act as Inquiring Authority. It is necessary that the two roles are clearly understood and the inquiry is conducted as far as practicable as per Rule 14 of CCS (CCA) Rules, 1965. Failure to observe the procedure may result in the inquiry getting vitiated.
10. As the Complaints Committees also act as Inquiring Authority in terms of Rule 14(2) mentioned above, care has to be taken that at the investigation stage that impartiality is maintained. Any failure on this account may invite allegations of bias when conducting the inquiry and may result in the inquiry getting vitiated. As per the instructions, when allegations of bias are received against an Inquiring Authority, such Inquiring Authority is required to stay the inquiry till the Disciplinary Authority takes a decision on the allegations of bias. Further, if allegations of bias are established against one member of the Committee on this basis, that Committee may not be allowed to conduct the inquiry.
11. In view of the above, the Complaints Committee Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, when investigating the allegations should make recommendations on whether there is a prima facie Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 substance in the allegations which calls for conducting a formal inquiry. They should avoid making any judgmental recommendations or expressing views which may be construed to have 37 OA No. 154/2015 prejudiced their views while conducting such inquiry."
64. After the fact-finding inquiry is conducted by the ICC, paragraphs 12, 13 and 14 of the OM dated 16.07.2015 provide for the power of the Disciplinary Authority to examine the report and decide as to whether formal charge sheet needs to be issued or not, and at which stage an inquiry is to be conducted. The said paragraphs of the OM are quoted herein:
"Decision to issue Charge sheet, and conducting Inquiry
12. On receipt of the Investigation Report, the Disciplinary Authority should examine the report with a view to see as to whether a formal Charge Sheet needs to be issued to the Charged Officer. As per Rule 14(3), Charge Sheet is to be drawn by or on behalf of the Disciplinary Authority. In case the Disciplinary Authority decides on that course, the Charged Officer should be given an opportunity of replying to the Charge sheet. As per Rule 14(5), a decision on conducting the inquiry has to be taken after consideration of the reply of the charged officer.
13. If the Charged Officer admits the charges clearly and unconditionally, there will be no need for a formal inquiry against him and further action may be taken as per Rule 15 of the CCS(CCA) Rules.
The Inquiry-stages
14. In case the Charged Officer denies the charges and his reply is not convincing, the Charge sheet along with his reply may be sent to the Complaints Committee for formal inquiry, and documents mentioned in Rule 14 (6) will be forwarded to the Complaints Committee. As per Section 11(3) of the Act, for the purpose of making an inquiry, the Complaints Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908when trying a suit in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
person and examining him on oath;
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0
(b) requiring the discovery and production of documents;
and
(c) any other matter which may be prescribed." 38 OA No. 154/2015
65. It is clear from OM dated 16.07.2015 of the Central Government that in respect of Central Government employees, inquiry into a complaint of sexual harassment is to be conducted in two distinct stages. Firstly, the ICC is to conduct a fact-finding inquiry or preliminary inquiry, investigating the veracity of the complaint under the POSH Act. Thereafter, the report or recommendation of the ICC is to be sent to the Disciplinary Authority, which shall examine the report and decide as to whether a formal chargesheet must be issued to 'respondent' / employee. Upon issuance of such a formal chargesheet by the Disciplinary Authority against the employee, comes the second stage, where the ICC is required to act as the inquiring authority in the formal disciplinary inquiry under the CCS CCA Rules, 1965 in order to decide the disciplinary action which may or may not be imposed upon the employee."
21. In the case at hand, the ICC has not followed this procedure. It has not served chargesheet on the applicant. Therefore, the inquiry gets vitiated.
22. In the case of Shri Rajendra Soni versus Union of India & Ors. in OA Nos. 897 & 886 of 2022 dated 02nd August, 2024 (CAT, Mumbai Bench), to which one of us (Justice M.G. Sewlikar) was a party, it was held that the inquiry to be concluded under Section 13 of PoSH Act is not a preliminary inquiry but it should be a full fledged inquiry as to the finding of fact. We have further held that Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= ICC has to frame charge and serve the charge 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 memorandum on the applicant. At that time, the judgment 39 OA No. 154/2015 of Nisha Priya Bhatia (supra) was not brought to our notice.
23. ICC submitted two reports. The first report is dated 23rd May, 2014. It begins with office memorandum issued by Jyoti Mehta, Chief Vigilance officer. It was addressed to the applicant. The ICC prepares list of charges. The first meeting was held on 22nd January, 2014. The committee issued notices to all the complainants and also to the applicant. The complainants were 13 in number. Applicant appeared and denied all the charges.
24. The meeting of ICC, thereafter, was held on 22.01.2014. Email was sent to all the witnesses. Only two responses were received, one of Ms. Priya Shree and another of Ms. Aanchal Shree. No other students/complainants responded, despite being personally contacted/demanded by the member secretary ICC, NIFT Bhopal. It is not known from the report of the ICC whether statements of Ms. Priya Shree and Ms. Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Aanchal Shree were recorded or not. Learned counsel for 40 OA No. 154/2015 the applicant submitted that these two students did not appear before ICC.
25. Third meeting of the ICC was held on 21st April, 2014. Emails were sent to witnesses as and by way of last opportunity to the witnesses, complainant and applicant.
The report of the ICC shows that faculty members were asked to appear before the ICC and they were asked whether Ms. Supriya Yadav and Ms. Anupam Saxena did share the alleged weird behaviour of the accused/applicant before the incident of fresher's party dated 8th September, 2013. In the statement of Shri. Ganguli, Asst. Professor and CC-TD, he stated that Dr. Anupam Saxena, on certain occasion mentioned about weird behaviour as well as attitudinal problem of the applicant. He further stated that Dr. Anupam Saxena did so during the informal meetings when many other things were also discussed.
26. The ICC also recorded the statement of Shri. K. Murali, Asst. Professor. He stated that he did not recall any Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 such things but had heard/experienced about the imposition of strict discipline by the applicant. He also 41 OA No. 154/2015 stated that on the day of fresher's night (8th September, 2013) the applicant did not allow the students to continue the fresher's party after 08:30 pm, which probably triggered the students to complain against him.
27. This statement of Shri. Aditya Upadhyay, Asst. Professor recorded by ICC shows that faculty actually, never shared these things with him. Only few students did complain about the weird behaviour of the applicant, due to which they were not very much comfortable in the classroom as students informed. Instead of addressing by name, the applicant used to address them as "Madam Ji", which the students felt as sarcastic/taunting tone. Statement of Shri. Soumik Haldar, Asst. Professor recorded by ICC shows that the faculty never discussed this matter with him. The female students might have confided such behavior with other lady faculty.
28. The allegations against the applicant made by students are reproduced in para 2.4 of this judgment. The Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 first report clearly shows that the allegations were regarding sexual harassment were that the girl students 42 OA No. 154/2015 address at the time of presentation, applicant used to see their legs and tell them to repeat presentation only to the girls. At the time of presentation, he would stand behind the girls and watch. He never told boys to give representation.
29. The applicant used to ask the girl students to meet him after 06:00 pm whenever they had any problem and he would talk to them, he would stare at their breast and always address them as "Madamjee" and his gestures were not correct. He sees only breast and no eye contact.
30. At the time of presentation, he would see only neck and legs, and watch top to bottom at the time to talking rather to see in the eyes. On the day of fresher's party, Joint Director was watching towards balcony of girl's hostel where their undergarments were hung.
31. He would see only breast part, even while working on his laptop. He would see between the spaces of two buttons of their shirt, when the girls bend down.
Digitally signed by Nicky KumariDN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 43 OA No. 154/2015
32. The applicant had downloaded movie "Nasha" (Bollywood porn movie) and questions the girl students in the class, what would they feel if they found themselves pregnant one morning and always talked about marriage and that girls have to adjust after their marriage and should learn adjustment.
33. He tried to show women low and said girls will do whatever their husband wants. Applicant was staring the girl students on the day of fresher's party.
34. He had asked to mail all photos to his private email id, even though, on the other side Abhay and Nikhil were also clicking the photographs. His way is very cheap and disgusting on the fresher's party. If his daughter would marry a boy, it would be grateful to him.
35. The applicant denied the allegations as regards staring at the breast, at their neck and legs. He admitted the allegations as regards calling the students as "madamjee". He also admitted that he would call them after Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 06:00 pm but, gave the explanation that students had class up to 05.30 pm and he was also busy during the day time.44 OA No. 154/2015
36. As per the report of ICC, it is clear that none of the students appeared before the ICC to substantiate their contentions. The report of the ICC shows that it is totally vague. It is of only one and half page and, therefore, we deem it appropriate to reproduce the entire recommendations as under:-
" RECOMMENDATIONS OF THE ICC:
(a) The Committee while giving its recommendations noted that the instant Act has been enacted to ensure that "women should feel safe at workplace "Sexual Harassment at workplace certainly jeopardizes the dignity of women. Hence, the women should feel safer at workplace. And utmost care should be taken while dealing with women specially in matters/situations as enumerated/defined in the Act, which includes following ANY unwelcome acts or behaviour whether directly or by implication namely:
(a) physical contact and advances; or
(b) a demand or request for sexual favour; or
(c) making sexually coloured remarks; or
(d) showing pornography; or
(e) any other unwelcome physical verbal or non-
verbal conduct of sexual nature
(b) The committee examined all the Defense Statements given including verbal submissions made by the accused as well as other Submissions made by all the complainants in details.
(c) The committee also noted that an "Advisory" from the Competent Authority, NIFTHQ, had been conveyed by the Registrar NIFT, to Sh. Vasant Kothari (accused)vide letter no. NIFT/HO/Estt-II/Complaint J.D. Bhopal /2013 dated 18th November 2013 which Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
inter-alia refers "lapses" on the part of the accused, Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 wherein the Competent Authority also concluded that regarding the complaint of faculty/staff/students of the NIFT Bhopal centre alleging "rude" and "indecent behaviour" towards them by Sh. Vasant Kothari, he 45 OA No. 154/2015 (accused) did not conduct himself in a dignified and appropriate manner, while in dealing with the faculty. staff and students. Further, his conduct has been "unbecoming" of an officer of the status of Joint Director, NIFT & so on. (Annex.XXII) (Total pages-
02)
(d) The Committee while taking its final view, took cognizance of "unwarranted examples" given in the classes, his "weird tone", "staring at complainant's private parts" "not maintaining eye to eye contact "&"rude and authoritarian behaviour etc." which are not expected from faculty /Jt. Director in NIFT Including in any other institution.
(e)Though the committee felt that many other complaints (except the unwarranted examples) as above, were perhaps based on "perception" or could be "imaginary", the committee could ill-afford to ignore such "written complaints" given by the faculty members/staff including "personal disposition" made by such female faculty member/staff before the ICC, in the light of such acts as defined under the Sexual Harassment Act, which is an "inclusive" definition.
(f) Keeping in view such unwelcome, undesirable unwarranted examples given in the classroom as collectively informed by the students complainants as well as "weird behavior/tone", which was duly "corroborated" by certain male faculty members, the committee cannot "overlook" these matters, which are very "sensitive" in nature
(g) In the Instant case, full opportunity was given to the accused he chose to defend his case himself and did not ask for any cross examination or producing any witness for his defense.
(h) The Committee also felt that complaint lodged which included FIR, visit of NCW's team from New Delhi, caused "undesirable publicity" in media & also "tarnished" the very image of the NIFT as a Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
whole Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0
(i) The committee also felt that the evidence given orally/writing tendered by the complainants has "logical /probative value" and therefore can't be 46 OA No. 154/2015 ignored for want of any further "or" additional evidence, even if any body deems it so necessary.
(j) Keeping in view the above unwarranted, undesirable action and conduct of the accused, there is "reasonable ground" to believe that the conduct of Sh. Vasant Kothari is as good as that opined in the "Sexual Harassment Act" and is clearly unbecoming of an officer.
(k) The Committee has arrived at above conclusions based on "objective analysis" of oral/written statements given during the enquiry from both sides and accordingly, all the members of the Committee/the chairperson have signed each page of "Enquiry Report" (with Annexures) for onwards submission to the Competent Disciplinary Authority (along with two spare copies) for kind perusal/ further orders in this regard please."
37. Only on the basis of the compliant, the committee came to the conclusion that the applicant was staring at the private parts of the girl students and was not maintaining eye to eye contact and had weird and authoritarian behaviour. The committee observed in para
(e) that though the committee felt that many other complaints (except the unwarranted examples) were perhaps based on "perception" or could be "imaginary", the committee could ill-afford to ignore such written complaints given by the faculty members/staff including personal disposition made by such female faculty Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 members/staff before the ICC. Thus, the committee itself finds that except the unwarranted examples, many other 47 OA No. 154/2015 complaints were based on perception or could be imaginary. Still, the ICC held that the conduct of the applicant falls within the ambit of PoSH Act.
38. As indicated earlier, none of the complainants appeared before the ICC, despite sending notices three times. There is nothing in the report that girl students were in trauma and were not ready to appear in the presence of the applicant for giving evidence. On the basis of such type of report, it cannot be said that the misconduct on the part of the applicant is proved even on preponderance of possibilities. As indicated earlier, statement of Shri. Ganguli states only about weird behaviour of the applicant. Statement of Shri. K. Murli, Asst. Professor clearly shows that on the day of fresher's night, the applicant did not allow the students to continue the fresher's party after 08:30 pm which probably triggered the students to complaint against him. None of these witnesses said anything about the allegations about sexual harassment of the applicant.
Digitally signed by Nicky KumariDN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 48 OA No. 154/2015
39. It is worth noting that witnesses: Ms. Supriya Yadav, Ms. Anupam Saxena and Ms. Anamika Sharma were Asst. Professors, i.e., they were faculty. Notices were issued to them not only once but three times and all the three times they remained absent. The applicant has denied in his reply the allegations made by these witnesses.
40. Calling the girl students as "madamjee", by no stretch of imagination, can be lebelled to be a conduct falling within the ambit of the expression of sexual harassment. The complaint itself mentions that the girl students felt insulted and found that this remark was sarcastic. This itself clearly shows that the word "madamjee" cannot be said to be a sexually coloured remark. At the most, it can be sarcastic or insulting, but it certainly cannot be called as a sexually coloured remark.
41. It is pertinent to note that after this report was submitted, the applicant was served with the notice by the disciplinary authority, as to why punishment should not be Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 imposed on him. This memorandum dated 23rd May, 2014 was addressed to the applicant. This memorandum states 49 OA No. 154/2015 that the ICC has submitted its report and disciplinary authority has accepted the findings of the ICC, and has tentatively decided to impose major penalty under CCS (CCA) rules, 1965. The memorandum further states that the applicant may submit his representation and also explain, why major penalty under CCS (CCA) rules, 1965 may not be imposed on him. This shows that the Disciplinary Authority had accepted the report treating it as a final report. It had even issued a show cause notice to the applicant for imposition of major penalty. Therefore, in law, this is the final report and Disciplinary Authority also had treated it as a final report.
42. It is pertinent to note that first report is neither set aside by the Disciplinary Authority nor there is anything on record to show that the Disciplinary Authority gave any direction to the ICC to conduct inquiry afresh. Once ICC submits the report, it becomes functus officio. In the present case, the ICC tendered first report and thereafter, it became functus officio. It gets authority to conduct further Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 inquiry only upon the directions of the Disciplinary Authority. Nothing of this sort seems to have been done 50 OA No. 154/2015 and for some unknown reasons, another committee was constituted. There is nothing on record to show that this committee was constituted by the Disciplinary Authority. If this committee was not constituted by Disciplinary Authority, the committee is illegally constituted. This reconstituted committee submitted second report. The report submitted by illegally constituted committee has no sanctity in law. In this second report, the complainant Shreya Gupta did not appear, Professor Supriya Gupta also did not appear.
43. So far as, Anupam Saxena is concerned, committee noted that the allegations of Dr. Anupam Saxena were that in the panel of interview, the applicant was continuously staring at her. However, ICC found that Anupam Saxena was not the member of panel. Therefore, there was no question of applicant staring at her.
44. So far as, witness Anamika Sharma is concerned, the committee found that there were discrepancies in the Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 version in the complaint, during cross-examination and 51 OA No. 154/2015 written statement given by the complainant and official information in respect of the applicant.
45. The committee also found that certain complainants (students) who had signed on the complaint had stated to the ICC on 24th August, 2014 that they had only supported their friends and signed the complaint letter in solidarity of the cause. They had no first-hand knowledge and were neither eye witnesses nor faced any act personally.
46. The committee made recommendations-cum-report which are general in nature. Most of the clauses are repetition of the report dated 23rd May, 2014. The prime complainant, Ms. Shreya Gupta had stated before the committee that she does not want to press her complaint for reasons of her own. The committee found that some of the students, i.e., Ankita Pal, Swati Grovor, Lata Yaduvanshi, Puja Sejwar and Swati Joshi informs ICC members that applicant's behaviour was very professional and was very good teacher. He was strict for his rules, he is Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 a man of honour. The allegations made against him are totally wrong.52 OA No. 154/2015
47. As indicated earlier, there is no explanation as to why the report dated 23rd May, 2014 was not acted upon. There is no explanation as to why ICC was again constituted. Once ICC submitted its report, it becomes functus officio, and it cannot on its own reconstitute the committee and call the witnesses. It is for the disciplinary authority to either accept the report, reject the report or give further directions. As observed earlier, the disciplinary authority had accepted the report on 23rd May, 2014. It did not set aside this report. Therefore, in law, the first report should prevail. We have discarded the first report, on the ground that not a single witness had come forward to depose against the applicant. Only on the basis of complaints, it cannot be said that the charges against the applicant stand proved.
48. Continuing the inquiry after submission of the first report (and having become functus officio), it was not permissible for the ICC to again inquire into the allegations Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 and submit the report. In these circumstances, we find that the second report has not sanctity in law.53 OA No. 154/2015
49. There is evidence to show that Ms. Shreya Gupta was not ready to file complaint. In the Minutes of the Meetings/ Proceedings of Committee set up by the Director, NIFT Bhopal on complaint of Kshitij Pandey and Shreya Gupta, it is recorded that Shreya Gupta did not file written complaint to the committee even requesting the same thrice. It is further recorded that after Shreya Gupta left the committee room, Ms. Supriya Yadav informed the committee that Shreya Gupta has to give her statement in written and signed manner if not the student representatives have to agree to the fact that she is not ready to give anything in writing to the committee. It is further recorded that all the other students representatives were called upon again for Shreya's a written complaint, Chairman then again called Shreya Gupta on condition that no committee member would speak with Shreya except student representatives. It is further recorded that Shreya was called and on persistence of student representatives she agreed to file a written complaint. This shows that Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Shreya Gupta was not ready to file the complaint other than what she had stated. These notings in the aforesaid 54 OA No. 154/2015 minutes of the meeting clearly show that Shreya Gupta was persistently asked by student representatives to file the complaint. It was none of the business of the ICC to insist on complaint of Shreya Gupta.
50. Applicant has admitted in his reply to the Committee set up by the Director that he always told the students to meet him after 6 pm, if any problem they face or even can call on Saturdays and holidays too. It is beyond our comprehension as to how this would amount to sexual harassment. His answer is that being a faculty, it is his duty to be available for the queries raised by the students and he never told this to any individual but it was communicated to the entire class. This explanation appears to be probable. Generally, any faculty calls the students after their classes are over. This cannot be called a beahaviour with sexual intent. Another submission made by learned counsel for the respondents was that the applicant had admitted in his reply that he had made a statement that if his daughter will marry a boy, it will be Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 grateful to her. Answer to this question was that the whole world is talking about the marriages in same gender. It is 55 OA No. 154/2015 his responsibility to prepare his daughter for their future and this statement is made in the class. We do not find that such a statement amounts to sexual harassment. The statement may be inappropriate in the class but certainly that cannot be given the colour of sexual harassment.
51. Following questions do not amount to sexual harassment:-
(i) Joint Director always provokes students to speak something.
(ii) Joint Director always gives stupid examples during class timings and then remembers in the last minutes of the class that something has to be taught and then tells for extra class for covering the topic/subject.
(iii) Fresher's day party: Why Joint Director sat in the party, if the party is only for students, why he interfered.
52. This cannot be called as sexual harassment. It is the duty of every teacher to encourage students to speak something. If he remembers something in the last minute Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 and then calls the students for extra class, cannot be called 56 OA No. 154/2015 as sexual harassment. This cannot be even harassment leave alone sexual harassment.
53. He further argued that Joint Director sees between the spaces of two buttons of the shirt when girls bend down. The answer to this question by the applicant was that he never asked any girl to bend down in front of him. He further stated in the answer that if they are wearing decent outfit for his classes then this allegation is again not true. Learned counsel for the respondents submitted that this means the applicant looks into the cleavage when girls bend down. This is a far-fetched inference. He has clearly denied that he had asked the girl students to bend down.
54. Another instance of sexual harassment is the allegation that the applicant had downloaded movie "Nasha" Bollywood Porn movie. The applicant has denied to have downloaded movie "Nasha". Nothing is brought on record to show that the applicant had downloaded porn movie 'Nasha'. Further, except bare allegations, there is no Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 evidence to come to a conclusion that Nasha was a porn movie. Even if this allegation is taken as proved, it does not 57 OA No. 154/2015 take case of the respondents any further as mere downloading of any movie of whatever nature does not come within the purview of PoSH Act. Therefore, this allegation cannot be said to have been proved. The applicant always speaks in weird tone and questions the girl students in the class: "What you feel if you found yourself pregnant one morning? and always talks about marriage and tell them to learn adjustment because girls have to adjust after their marriage." We failed to understand as to how this is a case of sexual harassment.
His reply was that this question was a part of discussion about the various questions asked in the interview.
Students wanted him to discuss about the campus placements and there used to be a discussion about the same in the class and he used to share his experiences with the students.
55. There is nothing on record to show that the applicant had downloaded movie "Nasha". Asking students in a class as to how they feel if they found themselves pregnant one Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 morning, this would be an inappropriate question at the most. From his reply, it is apparent that he had raised this 58 OA No. 154/2015 question because students wanted him to discuss about campus placements. There is nothing on record to show that he put this question to any particular girl student that too repeatedly. Asking the question in general, as to how they would feel if they found themselves pregnant one morning, does not amount to sexual harassment. Sexual harassment is defined in PoSH Act, thus:-
"(n) "sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-
verbal conduct of sexual nature;"
56. From this definition, it is apparent that sexual harassment includes unwelcome acts or behaviour i.e. physical contact and advances or a demand or request for sexual favour or making sexually coloured remarks or showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Making all Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 these remarks that too in the entire class and when students themselves had requested him to guide them on 59 OA No. 154/2015 the basis of his personal experience, it cannot be called as a sexually colored remark. Talking about the marriage and telling them to learn the adjustment because the girls have to adjust after their marriage cannot be called as sexually colored remarks. He was telling the girl students from his own experience that girls have to adjust after their marriage and it is common experience that girls do adjust after marriage. Therefore, such type of use of words can't be called as sexually colored remarks. At the most, they can be called as inappropriate remarks.
57. As indicated earlier, the serious allegations against the applicant have been narrated in para 2.4 of this judgment. In support of proof of these allegations, the ICC in its first meeting, issued notices to the witnesses but none of them appeared including Supriya Yadav.
58. Learned senior counsel for the applicant submitted that the applicant had demanded the names of the complainants who had signed the complaint. The Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 complaint shows that it is signed by more than 50 students. The applicant in his reply to Report of Internal 60 OA No. 154/2015 Complaints Committee dated 25th May, 2014, has stated that he has not received full names of complainants. Out of 61 students, only two students came forward. He has further stated that majority of the students belong to class to whom he never taught or rather he never visited them to their classroom. The committee did not try to find out as to how many of the signatures were really of the students of the applicant to whom he had taught.
59. Learned senior counsel for the applicant submitted that on the same set of allegations, a criminal case was registered against the applicant i.e. R.C.T./51754/2013 under Section 354A and 509 of the Indian Penal Code. He submitted that the allegations which have been made in the inquiry, have been made in the complaint and on the basis of same set of evidence, the applicant has been acquitted on merits. Learned senior counsel, Shri Shetty submitted that the learned Magistrate while acquitting the applicant has observed that the accused was punctual, he wanted to get the work done on time and was not even a Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 party supporter till late night, which shows that he was disciplinarian and strict in his administration. He placed 61 OA No. 154/2015 reliance on the case of Eknath Shankar Kamble versus Chief Executive Officer & Ors. (supra). He submitted that the expressions 'honourable acquittal', 'acquitted of blame', 'fully exonerated' are unknown to the Code of Criminal Procedure or the Penal Code. It has been held in para 28 as under:-
"28. In the backdrop of the aforesaid reasons, it would be difficult to accede to the submission on behalf of the Respondents that the observations in the judgment of the learned Special Judge that the prosecution failed to establish the guilt of the accused beyond reasonable doubt, are of decisive nature. The nature of the acquittal is required to be appreciated in the light of the entire reasoning. Use of expression 'not proved beyond reasonable doubt' cannot be the sole barometer. The said expression also denotes the standard of proof on the touchstone of which the evidence is appraised. It may not, therefore, be justifiable to hold that the acquittal can in no case be honourable or clean where the criminal court uses the expression 'not proved SSP beyond reasonable doubt' or that the accused is entitled to 'benefit of doubt'.
60. From these observations, it is clear that use of expression 'not proved beyond reasonable doubt' cannot be the sole parameter. For understanding the nature of Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 acquittal, entire reasoning has to be considered. Learned 62 OA No. 154/2015 Magistrate in Case No. 5811603/2013 dated 27 th September, 2023 has observed in para 8 and 9 as under:-
08. The prosecutor (PW 10) has told that she is from NIFT, Studied at the Institute, Bhopal from 2013 to 2015. She had taken admission in Masters of Fashion Management. Vasant Kothari used to teach Marketing Research and Business Statistics due to which she knows Vasant Kothari very well. She found the accused's behavior different from that of other teachers. He used to make personal comments and even when explaining through examples, he used to bring up personal things. There was a fresher's party on 08 September 2013. Being a senior, she had gone to Vasant Kothari to extend the time of the party He had refused to extend the time of the party Later she went to her home. When she later came to the hostel, she got information that she had to come to the office. When she reached the office, everyone started asking what had happened. 30-40 girls had come and many girls had given information about the behavior of Vasant Kothari. The witness has told that when she was asked to write, she had told that the behavior of the accused is not good as compared to other teachers. No incident had happened to her.
When asked leading questions by the prosecution, the prosecutrix rejected the suggestions that the accused used to look at her chest, legs and private parts due to which she felt embarrassed. Witnesses has admitted that while teaching, during the class the accused used to ask the girls that how would you feel if you wake up in the morning and come to know that you are Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, pregnant. The witness herself has said that Nicky Kumari it was asked only once.
PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 09- The prosecutrix (PW 10) has also accepted the suggestion of the prosecution 63 OA No. 154/2015 that the accused used to say that girls have to adjust after marriage so why not today. She felt embarrassed by all these things but Witnesses again stated that he used to say this by example. Witness also admitted that other girl students of her class were also troubled by the actions of the accused like staring at breasts, legs, calling madamji in dirty tone, asking her to come after 06:00 in the evening etc. but she said that things like what other girls had said had nothing to do with her personally. Thereafter, she refused that she had informed her friend Kshitij about the incident etc. Regarding the statement of Section 164 of the Code of Criminal Procedure, the witness has told that on that day the teachers had also come with her and they had said that what was written in the college, the same has to be written in the court."
61. The learned Magistrate has observed that regarding the statement of Section 164 of the Code of Criminal Procedure, the witness has told that on that day, the teachers had also come with her and they had said that what was written in the college, the same has to be written in the court. The Prosecution Witness-7, 8 & 10 were the victims of the sexual harassment. PW-6 stated that first meeting with the applicant was on 12th August, 2013. Before that she was on leave. When she went to the Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 accused's cabin, the accused was looking at her breasts and was not making eye contact. This happened to her 5-6 64 OA No. 154/2015 times. The learned Magistrate further observed that there was a fresher's party on 08th September, 2013. On 09th September, 2013, she came to know that some students had filed a complaint against the applicant for which investigation committee was formed. She advised that a meeting should be held between women members and students so that they can talk comfortably. During that meeting, the girls had told that whenever they went to meet the applicant, the applicant used to look at their breasts and used to look between the buttons of their shirt. He was downloading a pornographic picture in class, the message of which appeared on the class screen board which was connected to his laptop. When this was told to the committee, the head of the committee, Sameer Sood, said that all these were fabricated things, then the prosecutor said that this was her experience too. The learned Magistrate further observed in para 29 as under:-
"29. The accused is accused of looking at his subordinate female staff and girl students inappropriately and when he Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, came in contact with them, he used to look Nicky Kumari at their chest, legs etc. In this regard, first PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 of all if we look at statement of the prosecutrix (PW-10), she has not supported the prosecution case on the said point. She has merely stated that the 65 OA No. 154/2015 behavior of the accused was different and less good than that of other teachers. She has definitely admitted during the leading question that the accused had given the example of how she would feel if some morning she came to know that she was pregnant but the witness gave the said example only once and put things in a practical manner. It is given with a view to explain. She also admitted that other girls had told about the accused looking at her chest and breasts etc. and calling her after 06:00 pm but she also told that the same was told by other people. Nothing had happened to her. It is true that the example given by the accused may sound strange to the girl students, but the context in which it was given and according to that context, whether it was really given to embarrass women cannot be concluded from just one line. It can be said that the witness has admitted that the accused used to say that if adjustment has to be made after marriage then why not now, but it does not show that the said thing was said with any sexual intention, hence the important corroborative facts of the incident are not there. The witness has not made any statement regarding this."
62. In para 34, learned Magistrate observed that it is clear from the statements of the witnesses that even in the internal investigation, no clear opinion was reached regarding whether the accused had committed any incident, nor was any conclusive report etc. presented. Learned Magistrate further observed that the Court has to Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari consider whether a crime has been committed or not on the Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 basis of the evidence presented in the court. Learned 66 OA No. 154/2015 Magistrate observed that PW-8 has clearly stated in her examination-in-chief that the accused used to keep a register of her late arrival and the file of her contract renewal was not taken forward from which it is clear on which point the said prosecutor actually had a dispute with the accused. Learned Magistrate further observed that witness YS Tolia has said that the applicant was serious about discipline and taking action. Learned Magistrate has categorically held that it is worth considering that the person whose conduct appears to be disciplined, if he wants to get the work done on time, then how can he make the alleged incident happen? If he looks at women's private parts with dirty eyes, then he will definitely try to keep women happy and will himself take advantage of opportunities like parties where he can easily see the women and not get the party stopped.
63. Learned Magistrate further observed that during cross examination, it becomes clear from the statement of the witness that the complaint was made only regarding Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 the weird tone. The learned Magistrate further observed that it is revealed from the entire prosecution evidence that 67 OA No. 154/2015 early on 08th September, 2013, the freshers party was stopped because the accused did not extend the time of the party and due to that student Kshitij Pandey called the Director General and the Director General messaged the Director the next day to look into the matter. Initially, only strange behavior was talked about in relation to the applicant and after that, other allegations were made against him. Learned Magistrate further observed that no witness has given any statement as an eyewitness regarding downloading of obscene video on the laptop of the accused nor has he shown any obscene video. Apart from this, facts regarding the harsh administration of the accused have also come on record due to which the subordinate staff must be facing problems and the students may also face problems due to the harsh administration of the accused.
64. Learned Magistrate further observed that merely because of the above reason, it cannot be assumed that the women felt embarrassed by the actions of the accused Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 (applicant), nor is talking in a strange tone sufficient to prove the alleged crime. No solid corroborative evidence has 68 OA No. 154/2015 been found regarding the commission of crime by the accused, rather there could be many grounds for falsely implicating him. Therefore, the prosecution evidence does not appear to be credible whereas the prosecution has to prove its case beyond reasonable doubt.
65. Learned counsel for the respondents vehemently submitted that the witnesses turned hostile. Therefore, acquittal cannot be said to be acquittal on merits. We do not find any force in this submission. Though witnesses did not support the prosecution initially in the cross- examination by the prosecution, they supported the prosecution case. For example, PW-10 has stated that while teaching, during the class the accused used to ask the girls that how would you feel if you wake up in the morning and come to know that you are pregnant. PW-6 has also stated that the accused was looking at her breast and was not making eye contact. This happened to her five to six times. PW-7 has also stated that the applicant never used to make eye contact but kept looking at the private Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 parts of women and even if any other employee etc., was sitting there, the applicant used to look like that. PW-8, the 69 OA No. 154/2015 victim has stated that the way the accused looked at her made her feel embarrassed.
66. Thus, the Learned Magistrate has recorded the categorical finding despite there being evidence of the applicant having looked at the private parts of the women that the applicant was strict and, therefore, there was possibility of filing false complaints. When there is clear acquittal that too on merits, the applicant has to be exonerated in the inquiry proceedings also.
67. Learned senior counsel for the applicant has placed reliance on the case of Vishal Garg (supra). This case is not applicable to the facts of the case at hand. In the case of Vishal Garg (supra), the concerned employee was placed under suspension prior to the initiation of the disciplinary enquiry and the said suspension continued till date and, therefore, it was held that prejudice has caused to him. In paragraph 12 of the case of Government of A.P. And Others vs. V. Appala Swamy (Civil Appeal No. Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 393/2007), Supreme Court held thus:-70 OA No. 154/2015
"So far as the question of delay in concluding the departmental proceedings as against a delinquent officer is concerned, in our opinion, no hard and fast rule can be laid down therefore. Each case must be determined on its own facts. The principles upon which a proceeding can be decided to be quashed on the ground of delay are:
(1) Where by reason of the delay, the employer condoned the lapse on the part of the employee;
(2) Where the delay caused prejudice to the employee. Such a case of prejudice, however, is to be made out by the employee before the Inquiry Officer."
68. There is nothing on record to show that the applicant was placed under suspension. There is nothing on record to show that employer had condoned the lapse on the part of the employee or that the case of prejudice was made out before the Inquiry Officer by the applicant.
69. Learned senior counsel for the applicant placed reliance on the case of Anyssia Viegas (supra) for the proposition that there is gross delay in conducting inquiry. This itself is a ground for quashing the chargesheet. As indicated earlier, there is nothing on record to show that any prejudice was caused to the applicant by virtue of the Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' alleged delay in the inquiry.
Foxit PDF Reader Version: 2024.3.0 71 OA No. 154/2015
70. Learned counsel for the respondents placed reliance on the case of Director, Navodaya Vidyalaya Samiti and Others versus Babban Prasad Yadav and Another, (2004) 13 SCC 568, in which it is held thus:-
"11. The High Court particularly erred in requiring that such a charge needed to be proved beyond all reasonable doubt. This is against the principles governing a departmental enquiry in general and the unchallenged rules of the appellant institution in particular. The reason sought to be given by the Director for dispensing with the enquiry has been held by the High Court to e "unconstitutional and not legal". This finding is also unacceptable since the Director has used the language of the rule. Furthermore, having regard to the approval of the rule in question in the decision of Avinash Nagra it was not open to the High Court to have come to the conclusion that the reason given by the Director for dispensing with the enquiry was unconstitutional or illegal."
71. He has placed reliance on the case of Avinash Nagra versus Navodaya Vidyalaya Samiti and Others (supra),in which it is held thus:-
"It is seen from the record that the appellant was given a warning for his sexual advances towards a girl student but he did not correct himself and mend his conduct. He went to the girls' hostel at 10 p.m. in the night and asked the hostel helper, Bharat Singh to misguide the girl by telling her Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, that Bio-Chemistry Madam was calling her; believing the statement, she came out of the Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 hostel. It is the admitted position that she was an active participant in cultural activities. Taking advantage thereof, he misused his position and made sexual advances towards her. When she ran 72 OA No. 154/2015 away from his presence, he pursued her to the room where she locked herself inside; he banged the door. When he was informed by her roommates that she was asleep, he rebuked them and took the torch from the room and went away. He admitted his going there and admitted his meeting with the girl but he had given a false explanation which was not found acceptable to the Enquiry Officer, namely, Asstt. Director. After conducting the enquiry, he submitted the report to the Director and the Director examined the report and found him not worthy to be a teacher in the institution. Under those circumstances, the question arises whether the girl and her roommates should be exposed to the cross- examination and harassment and further publicity? In our considered view, the Director has correctly taken the decision not to conduct any enquiry exposing the students and modesty of the girl and to terminate the services of the appellant by giving one month's salary and allowances in lieu of notice as he is a temporary employee under probation. In the circumstances, it is very hazardous to expose the young girls to tardy process of cross-examination. Their statements were supplied to the appellant and he was given an opportunity to controvert the correctness thereof. In view of his admission that he went to the room in the night, though he shifted the timings from 10 p.m. to 8 p.m. which was not found acceptable to the respondents and that he took the torch from the room, do indicate that he went to the room. The misguiding statement sent through Bharat Singh, the hostel peon, was corroborated by the statements of the students; but for the misstatement, obviously the girl would not have gone out from the room. Under those circumstances, the conduct of the appellant is unbecoming of a teacher much less a loco parentis and, therefore, dispensing with regular enquiry under the rules and denial of cross-examination are legal and not vitiated by violation of the principles of natural justice."Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document
72. This judgment has no application to the facts of Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 the case at hand. In this case, no opportunity was given to 73 OA No. 154/2015 cross-examine the girl students and her colleagues who had given their statement. In this case, she was of a tender age. The concerned employee had made sexual advances towards the victim. He was warned for this misconduct of his. The concerned employee had gone to the girls' hostel at 10 p.m. in the night and asked the hostel helper to misguide the girl by telling her that Bio-Chemistry Madam was calling her. Believing the statement, she came out of the hostel. In these circumstances, it was held that the girls and her mates should not be exposed to the cross-
examination and harassment and further publicity.
73. In the case at hand, in the first enquiry, no victim remained present for the inquiry despite issuing notices three times. In the second inquiry, the witnesses remained present. Then, the question arises as to what was the reason for not remaining present during the first inquiry, is not explained by the respondents. As observed earlier, it is not the case of the respondents that the girls were in trauma and they did not want themselves to be Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 exposed before the applicant.74 OA No. 154/2015
74. Reliance was placed by learned counsel for the respondents on the case of Utsav Babulal Makwana vs. Kendriya Vidyalaya Sangathan & Ors. (supra). This case also has no application to the facts of the case at hand. In that case, the victim was a 5th standard student. She was molested by the applicant. Therefore, inquiry was dispensed with. It was held thus:-
"21. Keeping in view of the judgment passed by Hon'ble Apex Court in the matter of Avinash Nagra (supra) we are of the view that in the present matter the committee did not commit any error in taking decision in not affording an opportunity to the applicant for cross examination to the witnesses. The applicant did not raise any substantial defence in his first reply as also in his statement before the committee against the allegation levelled against him. The applicant was made available with the copies of the statement recorded against him. He was given full opportunity to represent his case. The report of the Summary Inquiry Committee was also supplied to the applicant and the committee also recorded his statement in question answer form. In his statement dated 29.04.2014 (Annexure- A/14) he did not raise any allegation against the Head Mistress of the KVS. Therefore, the allegations made afterwards seem to be after thought. Looking to the nature of the Summary Inquiry report, we see no illegality in the discretion used by the Commissioner in dispensing with the regular enquiry to give him show cause notice as to why services should not Digitally signed by Nicky Kumari be terminated under Article 81(B) of the Education Code. Article 81(B) of the Education Code does not DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 require charge against employees The applicant was given sufficient opportunity to make his defence before the committee. The 75 OA No. 154/2015 committee opined that allegations have been proved against the applicant beyond reasonable doubt. Based on the preliminary committee report, the commissioner in the facts and circumstances of the case invoked provisions of Article 81(B) of the Education Code and terminated the services of the applicant. No illegality has been committed by the respondent by terminating the service of the applicant. The gravity of the act of sexual assault committed by him towards girl student of class V makes him ineligible to be retained in such a noble profession which requires high moral conduct in his personal life also. In the result, the OA deserves to be dismissed. Hence dismissed. M.A. No.14/2018 seeking Condonation of Delay stands allowed. No order as to costs."
75. We are of the opinion that this case has no application to the facts of the case at hand. On the same principle, is the case of Kendriya Vidyalaya Sangathan & Ors. Versus Gauri Shankar (supra).
76. Learned counsel for the respondents has placed reliance on the case of Udai Singh versus Kendriya Vidayalaya Sangathan, 2015 SCC OnLine Del 9957. In this case, in para 9 and 20, it is held thus:-
"9. The finding of the Supreme Court in Director, NVS v. Babban Prasad Yadav reported in 2004 (2) Scale 400, are equally relevant in the context of the present case. The relevant portion of the same is as under:Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document "All that is required for the Court is to be Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 satisfied that the pre-conditions before exercise of power under the said rule are fulfilled. These preconditions are (1) holding of summary Inquiry, (2) a finding in such summary Inquiry that the 76 OA No. 154/2015 charged employee was guilty of moral turpitude, (3) the satisfaction of the Director on the basis of such summary inquiry that the charged officer was prima facie guilty, (4) the satisfaction of the Director that it was not expedient to hold an inquiry on account of serious embarrassment to be caused to the students or his guardians or such other practical difficulties' and finally (5) the recording of reasons in writing in support of the aforesaid."
*** *** *** ***
20. One cannot lose sight of the fact that the petitioner was a teacher in a co-ed school and such dissipated conduct of a teacher would grub the entire atmosphere of the school setting a bad precedent for the students itself, specifically boys.
This girl in an adolescent age was made to face such cantankerous situation, therefore, to not to believe that she was made to face such disgrace and ignominy in the entire set of circumstances would be inhuman. We fail to imbibe that the allegations were made with some personal objective or under the influence of other teachers and students; rather it is quite visible that it was the teacher who targeted Kumari Rekha for his own gratification on the pretext of making her secure good marks. On the contrary, we feel that such students who muster the courage to bring such terrible people out in the open should be lauded. The girl even told about the incident to her family and her father came forward to support her, all these facts do not seem to be concocted or constructed against the petitioner with any malicious purpose."
77. In the case of Udai Singh (supra), the allegations against the concerned employee was that he had demanded sexual favour from a girl student of class 12, Kendriya Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Vidyalaya. When she refused, the employee with the help of three boys pressurized the victim to satisfy his lust. On the 77 OA No. 154/2015 basis of these circumstances, the aforesaid observations were made by the Supreme Court. One of the conditions that Supreme Court has laid down in para 9 is the satisfaction of the Director that it was not expedient to hold an inquiry on account of serious embarrassment to be caused to the students or his guardians or such other practical difficulties. As observed earlier, none of the witnesses in the first enquiry appeared before the ICC. In the second inquiry, the witnesses appeared before the ICC.
Moreover, the ICC has nowhere recorded that it was not expedient to hold an inquiry because of the embarrassment that would be caused to the girl students.
78. In the case of Jwala Singh vs. UOI & Ors. (supra), inquiry was not held keeping in view the seriousness of the allegations. Learned counsel for the respondents placed reliance on the observations of Delhi High Court made in para 13 as under:-
"13. A school is not merely bricks and mortar. It Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, sis the nursery of idealism and character. The Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= teacher is the person who nurtures the nursery 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 and it is under him that it grows. He affects eternity. What if a teacher falls from the standard expected of him? In such a case, surgical 78 OA No. 154/2015 treatment may be called for and the present is one such case."
79. This case can be distinguished on facts. The Learned Magistrate has acquitted the applicant and has rendered a categorical finding that the applicant wanted to instill discipline in the NIFT. The Magistrate has also recorded the finding that the one who is interested in such immoral activities, would be soft with the students and not strict with them. The Learned Magistrate has also recorded the finding that he has been falsely implicated.
80. Learned counsel for the respondents has placed reliance on the case of Kanak Kumar Giri versus Union of India & Others (supra). He placed reliance on para 18 of the judgment which reads thus:-
"18. We therefore reject such contention made on behalf of the petitioner. In the light of the misconduct committed by the petitioner, we are not persuaded to accept the contention that the punishment of termination from service was shocking to the conscience of the Court on the grounds of proportionality. The position of a teacher is respected in the Indian society as "गुरुर्ब्रह्म गुरुर्वरश्नु गुरुर्दे वो महेश्वरा". The discipline and environment of an educational institution are inviolable and have to be preserved. If the faith of Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 the students in the teacher gets eroded by such misconduct, there is no other sacred place where education can be safely imparted.79 OA No. 154/2015
This decision has no application to the case at hand as it is on proportionality of punishment.
81. In the case of Prof. Bidyug Chakraborty versus Delhi University & Ors. 2009 (112) DRJ 391 (DB), it is held in para 9 as under:-
"9. Mere supply of the report is meaningless unless the delinquent is given an opportunity to make representation against it and if made, such a representation is considered by the Disciplinary Authority before recording its findings. Had the Disciplinary Authority given such an opportunity to the petitioner, he had a right to represent that he was not guilty of the charges and that the findings recorded against him were wrong. The object is to enable the employee to satisfy the Disciplinary Authority that he is innocent of the charges framed against him."
82. This finding clearly shows that mere supply of the report is not enough. The delinquent should be given an opportunity to make representation against it and if such representation is made, it is considered by the disciplinary authority before recording its findings.
83. In the case at hand, at the time of first inquiry, Digitally signed by Nicky Kumari the applicant had made representation and had raised DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 several points. In the second inquiry also, he made representation and raised several points. On reading of the 80 OA No. 154/2015 ICC report and of the impugned order, it is clear that the points raised by the applicant have not been addressed.
Disciplinary Authority's order is one page and we deem it appropriate to reproduce the entire order in verbatim as under:-
" ORDER WHEREAS some complaints were received against Shri Vasant Kothari, the then Joint Director NIFT, Bhopal Campus, during September 2013 and in view of the nature of complaints, these complaints were placed before the Internal Complaints Committee (ICC) of NIFT, Bhopal Campus, constituted vide order dated 27/30.12.2013 under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
AND WHEREAS the Internal Complaints Committee after considering all the facts and after considering the explanation of Shri Vasant Kothari vide its report under section 13 of the said Act observed that there is no reason to disbelieve that the complainants did experience the harassment as defined under the said Act and that the conduct of Shri Vasant Kothari was unbecoming of an officer. The Internal Complaints Committee, in terms of the provisions contained in Section 13 of the aforesaid Act, has recommended that action against Shri Vasant Kothari may be taken in accordance with the provision of service rules, so as to mitigate the hardship/harassment suffered by complainants;
AND WHEREAS the undersigned in the capacity of Disciplinary Authority, while accepting the findings of the ICC report conveyed its Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, tentative decision vide OM dated 26/11/2014 to Nicky Kumari impose a major penalty under CCS(CCA) Rules, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 1965 on Shri Vasant Kothari, giving him an opportunity to submit his representation, if any, 81 OA No. 154/2015 AND WHEREAS Shri Vasant Kothari's representation vide letter dated 01/01/2015 has been duly considered by the undersigned in the capacity of Disciplinary Authority and it has been observed that Shri Kothari is no longer working as Joint Director in any NIFT Campus. He has taken a reversion to his previous assignment i.e. Assistant Professor, and is presently posted at NIFT Mumbai Campus. I am of the opinion that there are no reasons for differing with the findings of ICC contained in its report. I take note that ICC had given Mr. Kothari opportunity of being heard and concluded that sexual harassment as defined under the Act did take place. This is a very grave misconduct in NIFT where it follows zero tolerance for sexual harassment of women at its workplace, NOW, THEREFORE, in exercise of powers conferred under Central Civil Services (Classification, Control and Appeal) Rules, 1965, the undersigned after having gone into the report of ICC and Mr. Vasant Kothari's submissions imposes a major penalty of removal from service with immediate effect on Shri Vasant Kothari, Assistant Professor, NIFT Mumbai."
84. Nowhere in the order of the disciplinary authority, the points raised by the applicant have been considered. In these circumstances, it cannot be said that it is a reasoned order. Disciplinary Authority has simply mentioned that considering all the facts and after considering the explanation of the applicant, there is no reason to disbelieve that the complainants did experience Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, the harassment as defined under the PoSH Act. As held in Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 the case of Basudev Dutta versus The State of West Bengal & Ors. in Civil Appeal No. 13919 of 2024 (Arising 82 OA No. 154/2015 out of SLP (C) No. 8026 of 2024) (Supreme Court), recording of reasons is a facet of principles of natural justice and when there is violation of principles of natural justice, the employee is entitled to approach the Tribunal without exhausting the alternate remedy. It has been held in the case of Whirlpool Corporation versus Registrar of Trade Marks, Mumbai & Others (supra) as under:
"14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for "any other purpose".
15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this Court not to operate as a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged. There is a plethora of case-law on Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 this point but to cut down this circle of forensic whirlpool, we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field."83 OA No. 154/2015
85. Learned counsel Shri Joshi placed reliance on the case of Harbanslal Sahnia and Anr. Vs. Indian Oil Corpn. Ltd. And Others (supra) and South Indian Bank Ltd. And Others versus Naveen Mathew Philip and Another (supra) for the proposition that alternate remedy of appeal ought to have been exhausted. In the case at hand, not only the principles of natural justice were not followed, the inquiry was also conducted illegally and, therefore, it cannot be said that the application is not maintainable on ground of non-exhaustion of alternate remedy. In these circumstances, non-availing of alternate remedy, cannot be a bar for entertaining the application.
86. Learned counsel for the respondents further submitted that the applicant cannot be reinstated because the applicant was appointed as Assistant Professor on temporary basis and was liable to be terminated on notice.
His appointment order is dated 07th April, 2008 with effect from 26th February, 2008. On 12th June, 2013, he was Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
appointed as Joint Director, NIFT and he did not keep lien Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 on the post of Assistant Professor and, therefore, he cannot 84 OA No. 154/2015 be reinstated. In the written notes of arguments also, this point is raised. It is contended in the written arguments that at the time of resigning from the post of Assistant Professor, the applicant has not kept lien in the said post and therefore, the applicant has lost right at the post of Assistant Professor and therefore, the applicant cannot be reinstated.
87. The word "Lien" has been considered by the Hon'ble Supreme Court in the matter of State of Madhya Pradesh and Others vs. Sandhya Tomar and Another, (2013) 11 SCC 357, in which Supreme Court has recorded following observations:-
"10. "Lien" connotes the civil right of a government servant to hold the post "to which he is appointed substantively". The necessary corollary to the aforesaid 1 (2013) 11 SCC 357 right is that such appointment must be in accordance with law. A person can be said to have acquired lien as regards a particular post only when his appointment has been confirmed, and when he has been made permanent to the said post. "The word 'lien' is a generic term and, standing alone, it includes lien acquired by way of contract, or by operation of law." Whether a person has lien, depends upon whether he has been appointed in accordance with law, in substantive capacity and whether he has been made permanent or has been confirmed to the Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
said post. (Vide Parshotam Lal Dhingra v. Union of Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 India, Pratap Singh v. State of Punjab3, T.R. Sharma v. Prithvi Singh4, Ramlal Khurana v. State of Punjab5, Triveni Shankar Saxena v. State of U.P.6, S.K. Kacker v. All India Institute of Medical 85 OA No. 154/2015 Sciences7, S. Narayana v. Mohd. Ahmedulla Khan8 and State of Rajasthan v. S.N. Tiwari9.)"
88. In the case of L.R. Patil v. Gulbarga University, Gulbarga (2023) 12 S.C.R. 104, Supreme court has held that, as per the settled legal position, the 'lien' of a government servant only ceases to exist when he/she is appointed on another post substantively/confirmed or absorbed permanently. Otherwise, his/her lien would continue on the previous post.
89. In the case of Triveni Shankar Saxena vs. State of U.P. and Others, 1992 Supp (1) SCC 524, the Hon'ble Supreme Court has held that a person can be said to acquire a lien on a post only when he has been confirmed and made permanent on that post and not earlier.
90. In the case of State of Rajasthan and Another vs. S.N. Tiwari and Others, (2009) 4 SCC 700, Supreme Court held thus:-
"17. It is very well settled that when a person with a lien against the post is appointed substantively to another post, only then he acquires a lien against the latter post. Then and Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 then alone the lien against the previous post disappears. Lien connotes the right of a civil servant to hold the post substantively to which he is appointed. The lien of a government 86 OA No. 154/2015 employee over the previous post ends if he is appointed to another permanent post on permanent basis. In such a case the lien of the employee shifts to the new permanent post. It may not require a formal termination of lien over the previous 2 AIR 1958 SC 36 3 AIR 1964 SC 72 4 (1976) 1 SCC 226 5 (1989) 4 SCC 99 6 1992 Supp (1) SCC 524 7 (1996) 10 SCC 734 8 (2006) 10 SCC 84 9 (2009) 4 SCC 700 permanent post."
91. In the case of Arun Kumar Agrawal v. Union of India & Ors., 2014 (2) SCC 609, Supreme Court has held thus:-
"58. It is a settled proposition of law that a deputationist would hold the lien in the parent department till he is absorbed in any post. The position of law is quite clearly stated by this Court in State of Rajasthan v. S.N. Tiwari (supra) '18. This Court in Ramlal Khurana v. State of Punjab (supra) observed that: (SCC p. 102, para 8) "8. ... Lien is not a word of art. It just connotes the right of a civil servant to hold the post substantively to which he is appointed."
92. It has been further held in the case of Arun Kumar Agrawal (supra) that the term "lien" comes from the Latin term "ligament" meaning "binding". The meaning of lien in service law is different from other meanings in the context of contract, common law, equity, etc. The lien of a government employee in service law is the right of the government employee to hold a permanent post substantively to which he has been permanently appointed. Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 87 OA No. 154/2015
93. A conspectus of the above judgments and the principles flowing from the aforesaid judgments would clearly show that in order to claim lien on a particular post, the requirement is that the government servant must have been confirmed on the said post and on appointment to a permanent post under the State Government or Central Government, a Government servants' lien on the post stands terminated only on his acquiring a lien on a permanent post.
94. The facts of the present case will now have to be considered on the touchstone of the aforesaid principles. The respondents have placed on record the appointment order of the applicant in NIFT, Bangalore as Assistant Professor. The order reads thus:-
" By Speed Post
15.02.2008
FileNo.NIFT/HO/E.II/Proposed Norms (Faculty)/2006 Vasant Kothari Co/ Gopal Reddy, 1st Cross, Anand Nagar, Chinappanhalli Extn., Marathalli, Bangalore-37 Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= Subject: Appointment to the post of Assistant Professor.
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 Dear Mr. Vasant, 88 OA No. 154/2015 With reference to your application for the post of Assistant Professor in NIFT and after due selection process, DG NIFT Is pleased to offer you the post of Assistant Professor in National Institute of Fashion Technology on purely temporary basis on the following terms and conditions:
1. This appointment is purely temporary and will be liable to termination on one month's notice by either side without reasons being assigned. The appointing authority, reserves the right of terminating the services of the appointee forthwith or before the expiry of the stipulated period of notice by making payment to him/her of a sum equivalent to the pay and allowances for the period of notice or the unexpired period thereof.
2. You will be on probation for a period of one year, which may be extended at the discretion of the Competent Authority. Your services will be regularized on basis of your performance during the probation period."
3. The scale of pay admissible is Rs. 8000-275-
13500/- and your pay will be fixed at Rs. 8000/-per month. In addition you will also be entitled to the usual allowances admissible to other officials of your class and grade, under the orders in force from time to time.
4. Your place of duty will be at NIFT Centre, Bangalore and you will not seek transfer to any other NIFT Centre for five years. However, your services can be posted and transferred to any other Centres based on the administrative exigencies.
5. Your Affiliation will be in F. Tech Discipline.
6. You will be required to carry out teaching, research and academic supervision for undergraduate, post graduate students including the participants of short- term, EDP/MDP programmes of the Institute as prescribed by NIFT from time to time with a workload Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari of miinimum of 40 hours a week of which at least 18 hours shall be for direct teaching, in addition, as a Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 faculty, you shall carry out all duties as are assigned in connection with the examinations, industry interaction, training, placement research and consultancy, administration and extension activities 89 OA No. 154/2015 of the institute. You shall also be required to carry out duties relating to students curricular and extra curricular activities.
7. Your appointment will be subject to your being found medically fit, by Competent Authority for appointment to the post of Assistant Professor
8. You will not be entitled to be paid travelling allowance for joining the post at the allotted NIFT Centre
9. During your employment, you will not undertake any other work/assignment, honorary or with remuneration or do any other business, since you will be a whole time employee of the Institute except with the prior approval of Competent Authority.
10. You will strictly observe the code of conduct as prescribed by NIFT Please Inform undersigned in writing immediately on receipt of this letter whether you are willing to accept the offer of appointment on the mentioned terms and conditions. In case you accept it, kindly report yourself for duty in the NIFT Centre you are posted along with the following documents/certificates on or before 7" March, 2008 falling which your candidature for the post of Assistant Professor will automatically be treated as cancelled and withdrawn:
1. Medical fitness certificate in the prescribed format from Civil Surgeon of a Government Hospital (Enclosed).
2. Declaration in the form enclosed (Annexure-1).
3. The appointee will have to take an oath of allegiance/faithfulness to the constitution of India (Or make a solemn affirmation to that effect) in the prescribed form, enclosed (Annexure-II).
Nicky Kumari Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari
4. Attestation form (in the proforma enclosed as Annexure-III) Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0
5. Character certificate duly signed by 1st Class Executive Magistrate/District Magistrate or Sub Divisional Magistrate (Annexure-IV) 90 OA No. 154/2015
6. True copies of Certificate in support of your age, educational qualification and experience etc. Yours faithfully, Sd/-
(Munish Girdhar) Registrar (Establishment)"
95. This appointment letter clearly spells out that the appointment is purely temporary and will be liable to termination on one month's notice without assigning any reason. Clause 2 of the appointment letter shows that the applicant will be on probation for a period of one year which may be extended at the discretion of the Competent Authority. His services will be regularized on basis of his performance during the probation period. Accordingly, the applicant joined NIFT, Bangalore on 26th February, 2008 and order to that effect was issued on 07th April, 2008 with effect from 26th February, 2008.
96. The offer of appointment clearly spells out that the probation of the applicant would be for a period of one year and may be extended at the discretion of the competent Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= authority. His services would be regularized on the basis of 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 his performance during the probation period. The applicant 91 OA No. 154/2015 worked in NIFT, Bangalore till 05th July, 2013 and he joined NIFT, Bhopal on 08th July, 2013.
97. From the offer of appointment, it is clear that his appointment was on a substantive post. Though it is mentioned in clause 1 that his appointment is purely on temporary basis but clause 2 clearly specifies that his services will be regularized on the basis of his performance during the probation period. The respondents have not placed on record anything to show that his probation was extended. It is true that there is nothing on record to show that his appointment was confirmed nor there is anything on record to show that he has satisfactorily completed his probation. There is nothing on record either to show that the probation of the applicant was extended. Therefore, it has to be said that the applicant was appointed substantively on a substantive post. The applicant was not appointed on a substantive post in NIFT, Bhopal and, therefore, he could not have acquired lien on the said post.
In terms of the principles enshrined by the Supreme Court Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 in the aforesaid cases regarding lien, the lien on earlier post gets terminated only on getting appointed on a 92 OA No. 154/2015 substantive post. Since his appointment was not on substantive post, he had retained lien on the post of Assistant Professor in NIFT, Bangalore. Even the respondents vide order dated 23rd July, 2014 accepted the resignation of the applicant from the post of Joint Director, NIFT-Jodhpur and transferred him to Mumbai as Assistant Professor for a period of six months. If he had no lien on the post, the respondents would not have transferred him to Mumbai as Assistant Professor. In these circumstances, we hold that the applicant had lien on the post of Assistant Professor in NIFT.
98. In conclusion, the Inquiry got vitiated because chargesheet was not served on the applicant by the disciplinary authority, the constitution of the second ICC was not by the disciplinary authority that witnesses did not come forward during first inquiry. Disciplinary Authority has not passed a reasoned and speaking order and therefore, principles of natural justice has been compromised. For the aforesaid reasons, we deem it Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0 appropriate to allow the application and pass following orders:-93 OA No. 154/2015
(i) Application is allowed.
(ii) The Order dated 26th February, 2015 (Annexure-A-1)
passed by the disciplinary authority is set aside.
(iii) The respondents are directed to reinstate the applicant. Since he has not worked for the period from his removal till date, he is entitled to 40% of back wages with all consequential benefits.
(iv) This exercise shall be done within a period of four months from the date of receipt of a certified copy of this order.
(v) Pending MAs, if any, stand disposed of. No costs.
(Sangam Narain Srivastava) (Justice M.G.Sewlikar) Member (A) Member (J) 'nk' Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65=5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a475, Nicky Kumari PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2026.04.22 17:36:37+05'30' Foxit PDF Reader Version: 2024.3.0