Termination Of MNIT Lecturer For Consensual Relationship With Student 'Shockingly Disproportionate': Allahabad High Court

Recently, the Allahabad High Court has set aside a 19 year old dismissal order of a professor of Motilal Nehru National Institute of Technology, Allahabad who was accused of emotional and physical harassment by an ex-student.Observing that the case could at best be of a false promise to marriage as the complainant had been in a relationship with the professor for 3 years after leaving MNIT, Justice Saurabh Shyam Shamshery held “No doubt the petitioner has not followed or kept high standard of morality but there is another factor that except the said allegation there is no other allegation against petitioner despite he was doing job for almost three years before the order of termination was passed. In case petitioner got married with complainant after their relationship of three years, possibly no complaint was filed. Therefore, Court finds that morality has to be judged on further conduct of petitioner also and since there is no other complaint placed on record, therefore, the Court finds that punishment is shockingly disproportionate.”Petitioner was a Lecturer in the Department of Computer Science and Engineering in MNIT from 1999. Complainant was a student of Master of Computer Education in the Institute from 1997-2000. She filed a complaint in 2003 against the petitioner stating that he had made physical relationship with her in 1999 against her will. She also stated that though their consensual physical relationship continued even after she left college, their symbolic marriage could not materialise as they belonged to different religions and their parents were against a proper marriage between them. Based on this complaint, a Five Member Committee was formed which held that it did not have the expertise to decide the offence of rape and that the complaint was only filed after petitioner's engagement to some other girl. Petitioner was placed under suspension in 2003 and thereafter, a One Man Inquiry Commission was lodged with retired judge as the Inquiry Officer. After Inquiry, Commission found the petitioner guilty of immoral conduct as the complainant was his student and he had also given special favours to her. Accordingly, it was proposed that he be terminated from services. Consequently, he was terminated and he challenged his termination order dated 28.02.2006 before the Allahabad High Court. The Court observed that though the Commission followed the procedure and examined witnesses, no opportunity to cross-examine witnesses was given to the petitioner based solely on the fact that he had admitted his relationship with the complainant. It was also noted that his dismissal was recommended on grounds that if he continues in service, he might repeat such act. Further, the Court observed that since the petitioner had accepted the relationship, the result of the Inquiry would not be different had the proper procedure been followed. Noting that the complaint was filed 3 years after the student-complainant had left the University and no FIR had been filed by her in this regard, the Court observed“On basis of material on record maximum it may be a case of false promise of marriage but to contend by complainant that she was forced to enter into physical relationship about three and half years ago even though she remained in relationship with petitioner for more than three years does not inspire confidence.”Holding that the petitioner had not kept high standards of morality, the Court held that the punishment was shockingly disproportionate as it was not a case of sexual harassment but admitted case of consensual relationship between the teacher and student which continued even after she graduated. Accordingly, the Court set aside the termination order and remanded the matter for fresh decision on quantum of punishment. Case Title: Rajesh Singh Versus Board of Governors, Motilal Nehru National Institute of Technology and another [WRIT - A No. - 19080 of 2006]Click Here To Read/Download Order

Termination Of MNIT Lecturer For Consensual Relationship With Student 'Shockingly Disproportionate': Allahabad High Court

Upasna Agrawal

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