ARINDAM SINHA,J. - (1.) Affidavit of service is filed which shows Internal Complaints Committee (ICC), University of Kalyani was served. It goes unrepresented.
(2.) Petitioner is an Associate Professor attached to Department of Folklore, faculty of Arts and Commerce in University of Kalyani. He has challenged entire proceedings of ICC including its constitution, recommendation dated 11th May, 2018 and show cause notice dated 28th May, 2018 issued to him.
(3.) Mr. Basu, learned senior advocate appears on behalf of petitioner and draws attention to page 59 of the writ petition, which, he submits, is complaint of victim. He submits, the complaint is of an indecent proposal or proposition made to the victim. There is in it no allegation of petitioner having either inappropriately or at all touched the victim. Moving on to page 61 of the writ petition he places letter dated 20th February, 2018 written by the female student alleged to have propositioned the victim on behalf of his client as in her complaint. He places the letter. 4. Records of proceedings of Internal Complaints Committee (ICC) have been disclosed from page 209 of the writ petition. Mr. Basu draws attention to conclusions of the Committee appearing at page 217 which are reproduced below:- "After taking into account the depositions provided by the complainant, respondent and the deposers as elaborated earlier, the ICC has found prima facie, enough substantial and circumstantial evidence to indict the respondent. It has unanimously come to the conclusion that the respondent is a habitual offender and guilty of the charge of sexual harassment brought against him. As per Reg.10 page 17 and policy [26.1 page 25] the ICC considers his demeanour gross misconduct bordering on criminality. His actions have vitiated the atmosphere of the University, disrupted the functioning of his Department and will continue to do so if no action is taken against him immediately. Hence the following punitive measures as per Reg.10 (i) page 17 and policy 26.1(i to vii) page 25 are unanimously recommended by the ICC against Dr. Sujoy Kumar Mandal, Associate Professor, Department of Folklore, University of Kalyani: 1. He may be barred from Headship for the rest of his career; 1. He may be barred from supervising M Phil and Ph D dissertation of any new candidate for three years; 1. He may be barred from acting as paper setter, examiner, moderator, reviewer and taking part in any other examination related activity for three years; 1. Inclusion of ICC report and recommendation in his service book; 1. Official reprimand by the University authority with a copy to the ICC; 1. Execution of a written undertaking by him to the ICC stating that he will indulge in any kind of physical, verbal or non-verbal sexual harassment in future; 1. Tendering of written apology through the ICC to the complainant for sexually harassing her which resulted in discontinuance of her study. As per the provisions of Reg.8 (4) and (6), the ICC requests the authority to act upon the recommendations within thirty days from the receipt of the enquiry report. The order of forced leave of respondent may be withdrawn subject to implementation of the recommendation of the ICC." 5. He seeks interim interference pending final disposal of the writ petition. 6. Since ICC goes unrepresented, queries of Court were, therefore, put to Mr. Gupta, learned senior advocate appearing on behalf of the University. Queries are whether the Committee had enquired into omission of complainant to allege molestation in September, happened earlier, in her written complaint in November? Reasons why Committee disbelieved deposer no.2. Whether there was any further or other written complaint made or enquiry proceeded on basis only of said complaint of the victim? Whether the victim had reported the incidents to her parents and their consequent action, if any? Any consideration or deliberation as to why such gross alleged continuing misconduct on part of petitioner continued undetected for so long in spite of there being so many deposers having deposed against him, some even claiming to be eye witnesses? Mr. Gupta submits, the queries relate to domain of ICC. 7. This Court is inclined to interfere on prima facie appreciation of the report. The report, show cause notice and any action taken pursuant thereto shall remain stayed till disposal of this writ petition unless varied or vacated earlier. Petitioner will obtain and serve copy of this order on ICC and file affidavit of service on adjourned date. 8. List on 31st July, 2018.;