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HC dismisses IIT-BHU prof plea challenging his removal
His services were discontinued without a detailed disciplinary probe.
The Allahabad High Court has dismissed the petition of a former Indian Institute of Technology-BHU (IIT-BHU) professor, who was removed from his services on charges of sexual misconduct with a student.
The professor had challenged his removal on the ground that his services were discontinued without a detailed disciplinary probe. He had also contended that since BHU had employed him, he could not be dismissed by IIT-BHU. The professor had argued his case in person.
On Thursday, a division bench of justices Dilip Gupta and Anjani Kumar Mishra rejected his plea saying that in cases of sexual misconduct, a broad establishment of facts was enough, particularly when his statement too had been recorded.
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The court also took note that the complainant had reported the matter to the women’s grievance cell immediately after the alleged incident took place.
It added that the complaint made by the victim inspired confidence and, therefore, there was no need for a detailed probe.
Rejecting the professor’s claim he could only be removed by BHU, the court said that his employment period was extended by the IIT-BHU and, therefore, it had all powers to remove him.
The Professor had earlier retired as dean (Faculty of Engineering and Technology) of BHU in January 2011. He applied for re-employment at IIT-BHU, which was cleared on July 20, 2012.
He was employed as professor (Civil Engineering) for one year — till July 30, 2013 — on the condition that he may be removed if a regular appointment was made prior to the completion of his term. After the end of the first year, he again applied for extension. This was cleared by the IIT-BHU till July 30, 2014.
The allegation against the professor was made on April 18, 2014.
Following a probe by the inquiry committee, his services were discontinued with immediate effect.
The complainant, a student of final-year civil engineering had alleged that on April 18, the professor had asked her to come over for a cup of tea at Vishwanath Temple within the BHU.
When she reluctantly agreed, he asked her to accompany him to Lanka for a glass of lassi. Following this, the teacher took her to his apartment and, as they about to enter, he put arm around her and tried to kiss her. When she tried to flee, he forcibly tried to get her into the apartment. She managed to get away and immediately called two professors and a student. These three witnesses recorded their statements before the probe committee.