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'Not to forget wrongdoing': SC dismisses NUJS's sexual harassment complaint; orders VC to mention judgment in resume

'Not to forget wrongdoing': SC dismisses NUJS's sexual harassment complaint; orders VC to mention judgment in resume

NEW DELHI: The Supreme Court on Friday dismissed the sexual harassment complaint filed by a faculty member of the West Bengal National University of Juridical Sciences (NUJS) against the Vice-Chancellor under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) but directed that this judgment shall be made a part of the Dr. Nirmal Kanti Chakrabarti’s resume.The alleged incident took place in April 2023, but the complaint was lodged only in December 2023, beyond the six-month limitation period prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.The complainant argued that although the last alleged act of sexual harassment occurred in April 2023, subsequent actions—including her removal as Director of the Centre for Financial, Regulatory and Governance Studies and an inquiry over alleged misuse of UGC funds—amounted to continuing harassment and therefore kept the limitation period alive.“The complaint filed on 26.12.2023, after the last incident of sexual harassment that took place in April 2023, is beyond the normal period of limitation and even the extended period. It was, therefore, rightly rejected by the LCC as barred by time and the Single Judge of the High Court was not justified in overturning the said decision,” the court said in a ruling. The Court, however, held that the April 2023 incident was a “complete act in itself” and that later administrative measures, even if perceived as retaliatory or linked to earlier conduct, did not amount to sexual harassment.“In this view of the matter, we direct that the incidents of alleged sexual harassment on part of respondent no.1 may be forgiven but allowed to haunt the wrongdoer forever. Thus, it is directed that this judgment shall be made part 15 of the resume of respondent no.1, compliance of which shall be strictly ensured by him personally,” the court also said in a ruling.


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