Calcutta High Court Grants Relief To NUJS VC, Upholds Dismissal Of Sexual Harassment Complaint

The Calcutta High Court has granted relief to Prof. (Dr.) Nirmal Kanti Chakraborti, the Vice-Chancellor of the National University of Juridical Sciences (NUJS), Kolkata, in a case of sexual harassment filed by a faculty member.

A division bench of Justices Harish Tandon and Prasenjit Biswas found no credible evidence to support the claims and upheld the Local Complaint Committee's (LCC) decision to dismiss the complaint, citing the time limitations outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. It said:

"The plea taken by the respondent would have been accepted provided the circumstances contemplated under Section 3 of the POSH Act is related to or connected with the sexual harassment defined under Section 2 (n) of the said Act. As we do not find those circumstances relatable to the sexual harassment but unconnected with it for the reason that such decision were taken by an executive council collectively and not by the appellant alone; even if the appellant being one of the constituent of the executive council but the decisions are taken by the majority and looking upon the constitution of the executive council consisting of notable academicians and the jurists including the judges of the Supreme Court and the High Court, it is improbable that the appellant would exert his position and would manipulate the decision taken by the executive council."

"Since the last incident of the sexual harassment is alleged in the complaint to have taken place in the Month of April, 2023 and admittedly the complaint was filed on 26th December, 2023 much beyond the normal period of limitation or for argument sake if the period is extended. Therefore there is no infirmity inthe decision of the LCC in dismissing the said complaint. The Single Bench has committed error in setting aside the order of the LCC without adverting to the proposition of law as discussed above," it added.

The complaint was filed on December 26, 2023, by a faculty member, who accused Prof. Chakrabarti of making inappropriate advances between 2019 and April 2023, allegedly linking professional benefits to personal interactions. The complaint was filed only after the enquiry was initiated by the Executive Council into her on December 21, 2023.

Under the POSH Act, complaints must be filed within three months of the last alleged incident, with a possible three-month extension in exceptional cases. The complainant, however, failed to justify the substantial delay in bringing forward the case.

The court highlighted that the sexual harassment complaint was filed much later than the statutory deadline. The delay, coupled with the absence of credible evidence, led the LCC to dismiss the case.

Further, it was stated that the complainant's own communications with the university's Chancellor did not mention any claims of sexual harassment, casting doubt on the veracity of the allegations. The complainant also failed to present convincing evidence to substantiate the claims.

It was argued that prior to the harassment allegations, the complainant had faced administrative scrutiny for professional lapses, including failure to complete a university project and not submitting necessary financial documentation.

Additionally, it was argued that the complainant had undisclosed business ties, being a partner in Effulgent Educators LLP, which raised concerns over a potential conflict of interest when managing a university course.

The court pointed out that key decisions, like withholding promotions, were made by the university's Executive Council—a panel of senior academics and jurists—not by Prof. Chakrabarti acting alone.

Accordingly, the order of the single judge was set aside and the order of the LCC dismissing the complaint was restored.

Case: Dr. Nirmal Kanti Chakraborti vs. X & Ors.

Case No: FMA 873 of 2024

Citation: 2024 LiveLaw (Cal) 291

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