Legal Question in Employment Law in India

My brother- in -law, a University professor in Delhi INDIA and also holding position as Department head at the falsely implicated in a complaint of caste and gender harassment (sexual harassment at work place) lodged against him, by a department staff aggrieved by disciplinary actions.This false complaint was processed by university complaint committee.All procedural formalities were ignored and my bother in law was removed from post of department head.His tenure was for 3 years but just after one year this conspiracy was hatched and after completing 2 years he was removed from this position. He remained as a professor in the same department with a life time bar from holding any Administrative post was imposed against him.He also was made to pay a penalty (money) to the complainant.Though the complaint was totally false and there was no single proof as alleged.He filed an appeal before Lt. Governor against the order and actions of the University Administration but hearing has not begun even after 6 months of filing appeal.

Query is:

1. Is this a major penalty or minor one.and is it within power of University authorities?

2..Which court shall he approach for

(a) for restoration of prior post

(b)for setting aside the order of University administration

(c) any other relief for suffering

while his appeal has not come up for hearing in the court of Lt. Governor.

3.Can a suit for defamation be filed in this situation , if yes , in which court.

4. what best legal remedies are open for him as he has suffered too much.


Asked on 3/03/16, 7:50 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

03.03.2016

Dear Madam / Sir,

Caste discrimination of any form or nature, whether verbal or in writing is illegal and is a civil offence. Sexual harassment at the workplace is a criminal offence. Procedural formalities to be followed by the University investigating authorities in these type of offences is to collect circumstantial evidence of the offence and record the statement of both the parties. If these two actions have been performed by the investigating authority and they have passed the judgement accordingly relying on these two actions, the onus shifts and lies on your brother-in-law to justify and prove his innocence and that he has been falsely implicated in the case. Your brother-in-law can appeal against the University investigating authority order and action by filing a writ in the Delhi Magistrate Court. If and only if your brother-in-law is acquitted and cleared of all charges by the Delhi Magistrate Court, will a defamation suit sustain thereafter.

Regards,

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Answered on 3/03/16, 9:41 am


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