HC stays rustication of JNU student who accused warden of sexual harassment
The Delhi High Court has put on hold the rustication of a JNU student who had accused a hostel warden of sexual harassment, saying the university did not follow the prescribed procedure while taking the decision.
Justice Sanjeev Sachdeva stayed the May 30 decision of Jawaharlal Nehru University to rusticate the female student for one semester saying the varsity did not provide sufficient time to her to respond to the show cause notice and order appeared to have been passed without carrying out an inquiry.
The court also issued notice to the university and sought its response on the plea of the student, who was rusticated for one semester on the basis of a report of a Gender Sensitization Committee against Sexual Harassment (GSCASH) which had held that the girl had made a false complaint against the warden.
"Prima facie, I am satisfied that the respondent No.1 (JNU) has not complied with the provisions of the rules and procedures prescribed. The show-cause notice dated May 20, 2016 appears to have been served on the petitioner (student) on May 27 which did not provide sufficient time to her to respond to the said show-cause notice.
"Consequent to the show-cause notice, prima facie, there does not appear to have an inquiry conducted and the impugned order has been passed. In view of the above, issue notice. Renotify on August 23. In the meantime, the order dated May 30 shall remain stayed," the court said.
The student, in her plea, had contended that procedure as prescribed under the Rules and Procedures of the GSCASH has not been followed, as even the time required for filing an appeal was not provided to her since the show cause notice of May 20 was given to her on May 27.
She has also contended that even without awaiting her response, the rustication order was passed.
The student further alleged that even the report of the committee was not given to her.
The committee had carried out an enquiry pursuant to the girl lodging a complaint against the warden at Vasant Kunj police station on November 22, last year. A FIR was registered pursuant to her complaint.
The GSCASH had exonerated the warden and recommended the student’s rustication for defaming him.
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