HC okay with probe panel on sexual charge against ex-VC

Tribune News Service
Chandigarh, October 16

More than a year after a woman professor leveled allegations of sexual harassment against a former Vice Chancellor (VC) of the Panjab University (PU), the Punjab and Haryana High Court has upheld the constitution of an internal complaint committee (ICC) for looking into the matter.

The Bench, during the course of arguments, was told that PU Registrar, vide letter dated March 20 last year, issued by an under-secretary was informed that the Vice President, who is Chancellor of the university, had approved the ICC’s composition for inquiry into the allegations by the petitioner-professor against the VC.

The petitioner-professor was later informed that the ICC had been reconstituted by the Vice President/Chancellor based on the recommendations of the Syndicate/Senate.

Appearing for the petitioner, senior advocate RS Cheema and R Kartikeya argued that the committee was required to be necessarily constituted by the Chancellor. The Senate and Syndicate proceedings clearly defied the statutory mandate.

Additional Solicitor-General Satya Pal Jain, on the other hand, submitted that the Vice President/Chancellor, due to his pre-occupation, had no direct and personal control over the university’s management or superintendence over its affairs. He necessarily depended on certain inputs, which he may obtain from whosoever he deemed fit.

He also submitted that the Chancellor had rightly taken a decision by applying his independent mind after taking into consideration the recommendations of the Syndicate, which for the purpose of the university’s day-to-day administration acted as its executive government.

Justice Arun Monga asserted the Vice President/Chancellor was the VC’s employer and, thus, the competent authority to constitute/appoint ICC for inquiry into the allegations against the respondent-VC.

Justice Monga added that the Vice President and Chairman of the Council of States/Rajya Sabha, was ex-officio Chancellor of all central universities in the country. “There is no gainsaying about the importance of his functions and responsibilities for the country as the high Constitutional dignitary and his extreme pre-occupation with the same. The Syndicate acts as the executive government of the university for its administration and affairs while the Senate is the supreme body of the university.

“For taking decisions in his capacity as the Chancellor, the respondent has necessarily to obtain such information from sources at his disposal, as in his wisdom may be necessary, and/or consider or ignore such inputs, once taken.”

Justice Monga added that the respondent-Chancellor took into consideration the inputs from the university Syndicate and the Senate for the constitution o f the ICC. “I am, therefore, not persuaded to accept the contention of the senior advocate for the petitioner that the respondent-Chancellor could not have taken into consideration the proposals/recommendations initiated and made by the Syndicate and the Senate. Upholding the panel constitution, Justice Monga disposed of the plea with liberty to the petitioner to raise all her contentions and objections before the ICC.