Prof. Brejesh Lall vs The Director, Indian Institute Of ... on 10 April, 2023

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Delhi High Court - Orders

Prof. Brejesh Lall vs The Director, Indian Institute Of ... on 10 April, 2023

Bench: Prathiba M. Singh

                          $~23
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 13296/2019 and CM APPL. 54068/2019, 7116/2021
                                PROF. BREJESH LALL                                 ..... Petitioner
                                              Through:           Mr. Naveen R. Nath, Sr. Adv with
                                                                 Mr. Siddharth Agarwal and Mr. Disha
                                                                 Gupta, Advocates (M: 9045513840).

                                                    versus

                                THE DIRECTOR, INDIAN INSTITUTE OF TECHNOLOGY
                                DELHI AND ANR.                           ..... Respondents
                                              Through: Mr. Arjun Mitra, Advocate R-1 & 2.
                                                        Ms. Shahrukh Alam and Mr
                                                        Shantanu, Advocates for R-3 (M-
                                                        9892982325)

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 10.04.2023

1. This hearing has been done through hybrid mode.

2. In terms of order dated 19th December, 2019, it is submitted by ld. Counsel for the Indian Institute of Technology (IIT), Delhi, that the appeal has been decided and the order is kept in a sealed cover. The decision of the BOG has also been brought in a sealed cover.

3. Mr. Mitra, ld. Counsel for the Respondent No. 1- Director, IIT Delhi submits that as per the scheme of the IIT Delhi Rules and Procedures for Prevention, Prohibition and Punishment of Sexual Harassment of Women at the Workplace, 2014, (hereinafter 'the Rules') opportunity for cross- examination is not provided and this position is not in dispute.

Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31

4. However, since there is no challenge to the Rules themselves, the issue cannot be gone into. Accordingly, he prays that the order which has been passed and which has been kept in a sealed cover may be opened and given to both the parties to enable them to avail of their remedies in accordance with the Rules.

5. This position is disputed by ld. Sr. counsel for the Petitioner on the ground that the principles of natural justice ought to have been adhered to.

6. The sealed cover has been opened. Accordingly, let copies of the report of the BoG of IIT Delhi be supplied to ld. Counsel for both the parties. It is made clear that if either of the parties wish to avail of any of their remedies, they are free to do so.

7. Let the report be taken on record by the Registry and tagged with the electronic record. Copies of the report shall not be open to inspection except to parties and their counsels.

8. List on 17th July, 2023.

9. Interim order to continue.

PRATHIBA M. SINGH, J.

APRIL 10, 2023 dj/am Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31

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Delhi High Court - Orders