Sexual harassment professor moves HC to quash termination order

Chennai:

An assistant professor of Loyola College whose services were terminated after she filed a sexual harassment complaint against a senior colleague has moved the High Court to quash the termination order.

Justice S Nagamuthu after hearing the petition of the assistant professor has issued one week notice to chief secretary of Tamil Nadu government and secretary and correspondent of Loyola College.

The petitioner submitted that the impugned order of termination is violative of constitution under Article 14 and Article 21 namely right to equality and right to life and there the order is unconstitutional.

The petitioner stated that the sexual harassment of women at workplace (prevention, prohibition and redressal) Act 2013 provides for the detail procedure for dealing with complaints of sexual harassment. Section 11 of the act provides for enquiry by an internal committee into the complaint in accordance with service rules besides it also provides forwarding the complaint to the police.

She also states that the Act also provides for the copy of the findngs and enquiry report be made available to both parties in order to make representation there on. “The conduct of respondent in not even informing the petitioner about the outcome of the enquiry and with-holding the copy of the proceeding with them is violative of section 11 and 13 Clause 1 of the act,” she submitted.

She also questioned the motive of the respondent stating that her complaint was not forwarded to the police for registering case under Indian Penal Code as required by Section 11 clause 1. She said the petitioner was forced to approach the court which then directed the police to register the complaint.

She said Section 12 of the Act provides for certain protective relief to be given to the aggrieved women during the pendency of enquiry.

“In this case since, the enquiry report has not been furnished to the petitioner and no action has been taken so far. Similarly, the enquiry is also pending. Hence the termination order is breach of Section 12 of the Act and illegal,” she contended.

Stating that the termination order has put her into great difficulties as teaching in the college is the only means of livelihood, she prayed that order should be quashed besides the college should be directed to ensure proper implementation of Sexual Harassment of Women at Workplace (prevention, prohibition and redressal) Act 2013 including reinstatement of the petitioner with all attendant benefits within the timeframe fixed by the court.