The Supreme Court on Friday dismissed a sexual harassment case against West Bengal National University of Juridical Sciences Vice-Chancellor (V-C) Nirmal Kanti Chakrabarti but directed that the judgment, which carries details of his alleged misconduct, be recorded in his resume.
A bench of Justices Pankaj Mithal and Prasanna B Varal dismissed a petition filed by a faculty member against Mr Chakrabarti but said such actions "may be forgiven but allowed to haunt the wrongdoer forever".
"In this view of the matter, we direct that the incidents of alleged sexual harassment on part of respondent no.1 may be forgiven but allowed to haunt the wrongdoer forever. Thus, it is directed that this judgment shall be made part of the resume of respondent no.1, compliance of which shall be strictly ensured by him personally," the bench said.
The court junked the petition after noting that the survivor had lodged a formal complaint on December 26, 2023, months after the purported sexual harassment last took place in April that year. The survivor registered a complaint with the Local Complaint Committee (LCC), which rejected the matter as "time barred", since she came forward not only after beyond the prescribed period of limitation of three months but also beyond the extendable period of limitation of six months.
According to the faculty member, Mr Chakrabarti joined the university as the V-C in July 2019. Two months later on September 8, he allegedly called her to his office and insisted she accompany him for dinner "which would greatly benefit her personally".
"He even touched her hand in a manner that made her extremely uncomfortable, whereupon, she left his office quietly. The Vice-Chancellor again called her in his office in October 2019. He asked her whether she had thought over his proposal for going out for dinner. The appellant (survivor) told him that she is not comfortable and wants to keep the relationship professional only. He, thereafter, demanded sexual favour from her and threatened her if the offers were declined," the allegations, noted down in the judgment, said.
In October 2019, the woman's promotion was put on hold till the Executive Council, on April 2, 2022, cleared her elevation.
"The appellant was called upon by the Vice-Chancellor in his office again in April 2023, where he asked the appellant to accompany him on a trip to a resort which the appellant
flatly refused. Thereupon, he threatened the appellant that her career would suffer badly," the judgment said.
On August 29, 2023, the woman was removed as Director, Centre of Financial, Regulatory and Governance Studies.
Around the same time, a few complaints were raised against the survivor and subsequently, a probe was launched into allegations of misutilisation of the grant received from the University Grants Commission and with regard to the issue of National Foundation of Corporate Governance.
"The Executive Council resolved that a sum of Rs. 1,00,000/- be refunded immediately by the NUJS. Thereafter, the appellant allegedly made complaints of harassment and victimisation to the members of the Executive Council through e-mails and even to the Chancellor," the judgment said.
"The incident of removal of appellant as the Director of CFRGS cannot be attributed as an act of sexual harassment in connection with the previous incidents. It was based upon the report of NFCG, an independent body... the said act would also not amount to an act of sexual harassment in conjunction with the previous reported acts," it added.
