Tamil Nadu - Madurai   

Bench refuses to quash notice to professor

MADURAI: The Madras High Court Bench here has refused to quash a show-cause notice issued by a private co-educational college, at Kovilpatti of Tuticorin district, to an Associate Professor in Physics seeking explanation as to why he should not be dismissed from service for abusing six female students with sexual overtones on March 17.

Dismissing a writ petition filed by him, Justice K. Chandru said that there was nothing wrong in issuing the show cause notice because the college management had a statutory obligation to initiate action against the petitioner in terms of Section 5(a)(a) of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. Otherwise, the management was liable to pay a penalty of up to Rs.2,000.

Section 2 (a) of the Act defined harassment as “any indecent conduct or act by a man which causes or is likely to cause intimidation, fear, shame or embarrassment, including abusing or causing hurt or nuisance or assault or use of force.

In the present case, the six students had alleged that the petitioner called them dogs and threatened to neck them out when they complained about certain mistakes in the question paper set by him for an internal examination. Immediately, they lodged a complaint with the management as well as the police.

A criminal case was registered against the petitioner. Simultaneously, the college also suspended him and initiated disciplinary action. At the end of the enquiry, he was issued with a show cause notice seeking explanation as to why he should not be dismissed and hence the present petition.

Refuting the allegations levelled against him, the petitioner claimed that he was being victimised by the college for having sent a complaint to the Sports Department against the management's decision to handover the hockey play ground to a private sports club in the locality.

Not convinced with the claim, the judge said that a proved misconduct is antithesis of victimisation. He also pointed out that the interests of the petitioner was safeguarded enough under the Tamil Nadu Private Colleges (Regulation) Act, 1976 which states that a college management could not pass a dismissal order without obtaining prior approval of the competent government authority.

“Even if any approval is granted, there is a two tier appellate system within the provisions of the Act. Thereafter, a three tier mechanism for judicial review before the High Court (single judge and Division Bench) and the Supreme Court… Therefore, when the petitioner has ample remedy of statutory safeguards, the writ petition against the show cause notice is clearly impermissible,” the judge added.

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