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3. I also state at the outset that, though, in certain places, I will refer to the facts with respect to the issue of sexual harassment, however, certain explicit details which are contained in the e-mails etc are not being reproduced by me in this judgment and for the said purpose the report of the enquiry committee dated 19.2.2010 can be referred to.

4. The petitioner was enquired into by the GSCASH committee of the respondent No.1 (short for Gender Sensitization Committee Against Sexual Harassment). Specific rules and procedures have been framed by the respondent No.1-University with respect to proceedings which are to be held by GSCASH. The charges against the petitioner were on the basis of the complaint filed by the respondent No.5 and the substance of which complaint is as under:-

"1. Made frequent calls at her residence on 10.4.2008, 12.4.2008 and 15.4.2008 and had consequently harassed her unnecessarily;

2. He had sent her two emails on 11.4.2008 and 12.4.2008, which carried vulgar and filthy contents and were graphic in nature and were explicitly sexual asking for oral sexual favours etc., though she had deleted those emails supposing them simple spam;

3. The Defendant had started following and stalking the Complainant at her evening walks and thereby had created an overbearing and intimidating situation for her. She also alleged that while crossing her at her evening walk on 28.9.2008, Defendant was touching himself in an obscene manner. All his actions of passive intimidation had seriously hampered her routine and thus she approached the GSCASH for appropriate redressal."

v. That apart, the Committee also views the repeated Restraint Order violations by the Defendant as also threats and intimidation tricks used by him to interfere with the Enquiry as also violation of the Office Memo issued by the appropriate authority dated 21.10.2009, seriously and therefore takes into consideration while recommending appropriate action against the defendant.

Recommendations

18. The defendant has already undergone warnings and transfer from School of International Studies to School of Languages by way of preventive measure for minimizing the interaction between the Complainant and the Defendant during the pendency of the Enquiry proceedings due to his conduct. As per GSCASH Rules, the next punishment is withholding of one or more increment not exceeding one year is a lesser punishment in this case. Suspension, even though it is given in the penalty list, it cannot be considered as a mode of punishment as it seems too little as to the seriousness of the present case.

1. Complaint dated 29.9.2008

2. Report dated 1.4.2009 of Cyber Crime Cell

3. Six (6) sets of net searched documents

4. Email dated 08.10.2008 and requests dated 3.10.2008

5. Defendant‟s threat letter and other ones to GSCASH and other people

6. Office Memo dated 21.10.2009

7. Restraint Order violation reports

8. Intimidation report by the staff of GSCASH Sd/- Sd/-