University Of Delhi Challenges High Court Stay On Ramanujan College Principal's Suspension

New Delhi: The University of Delhi moved to the Delhi High Court against the interim stay granted on the suspension of Ramanujan College's Principal Rasal Singh.

About The Case

On September 26, the Delhi High Court had granted an interim stay on the suspension of Professor Rasal over the allegations of sexual harrasment levelled by three women teachers.

The High Court noted that the petitioner was not allowed to be heard before his suspension. Three petitions moved by the University, Ramanujan College and one of the complainants have moved against the stay order passed by the single bench.

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All these petitions are listed for hearing before the division bench of Justices Subramonium Prasad and Vimal Kumar Yadav tomorrow.

The University of Delhi has sought a direction to set aside the stay order passed by the single bench. It is also prayed that the operation of the September 26 order may be stayed till the petition against the order is pending.

Stay Order Challenged

The stay order has been challenged on the ground that it is patently not sustainable in the eyes of law and service jurisprudence, and the same is therefore liable to be set aside.

It is also contended that the stay order has been passed against the well-laid-down principle of law governing suspension by the concerned Disciplinary Authority due to a serious allegation of sexual harassment at the workplace, before initiating the inquiry proceedings as per the Prevention of Sexual Harrasment at Workplace (POSH) Act, 2013 and UGC Regulations, 2015.

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The Disciplinary Authority, in the interest and safety of the Women Faculty members, was fully competent to suspend Rasal Singh with immediate effect as per Clause (9) of Ordinance XVIII (7) of the Delhi University Act, 1922, its Statutes and Ordinances.

It is also stated that the Single Judge passed the order of September 26 in undue haste and against the well-laid-down the principle of law that the order of suspension pending inquiry is non-punitive in nature. The Authority entitled to appoint would also be entitled to suspend a person pending inquiry into his conduct.

On September 26, Justice Sachin Datta granted an interim stay on the suspension order of Professor Rasal Singh till the next date of hearing, noting that before passing the order of suspension, the petitioner was not heard by the committee constituted by the Deputy Registrar of colleges.

"Considering that the allegations are to be inquired by the ICC, the determination/recommendation of whether any interim measure is warranted against the petitioner, also necessarily falls within the exclusive jurisdiction of the ICC," Justice Datta had said.

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"On a prima facie conspectus, it is evident that the suspension of the petitioner, even before the allegations levied have been examined/inquired into by the concerned ICC, is unwarranted and has the effect of usurping/circumventing the jurisdiction of the ICC," Justice Datta said in the order.

"For all the aforesaid reasons, till the next date of hearing, there shall.be an interim stay on the suspension order dated September 23, issued by the Chairperson, Ramanujan College, University of Delhi, on behalf of the Respondent college." Justice Sachin Datta ordered.

However, the High Court made it clear that it is for the concerned ICC to consider whether any interim measures against the petitioner are warranted, including suspension and/or the imposition of any other restrictions.

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The High Court requested that the concerned ICC be requested to bestow its urgent consideration to the matter and take an expeditious decision with regard thereto. Let the inquiry against the petitioner also be expedited.

The High Court observed that "Prima facie, considering the nature of allegations levied against the petitioner, constitution of a committee by the Deputy Registrar of Colleges (Delhi University) through a letter of May 5 was inapposite since the authority to deal with such allegations is the ICC. The said Committee has also noted this.

" It is also notable that even the said committee did not expressly recommend the suspension of the petitioner," the High Court had noted.

The High Court also noted that the petitioner was not granted an opportunity to be heard.

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"Further, it appears from the relevant records produced for the perusal of this Court that the suspension order was passed by respondent (Delhi University) solely relying upon the observations recorded by the aforementioned committee in its report dated June 23 and evidently without even affording an opportunity of hearing to the petitioner," the High Court had said in the order.

The single judge bench had also made it clear that if required, during the pendency of the inquiry, ICC shall pass appropriate protective order/s in favour of the respondent (complainants).

The High Court had sought a reply from the respondents and listed the matter for hearing on October 15.

The bench had reserved its order on September 26 in response to the petition moved by Rasal Singh against his suspension order of September 18.

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Senior Advocate Geeta Luthra, counsel for the petitioner, submitted that despite the petitioner's distinguished academic career, unblemished service records, and a reputation for discharging his duty with diligence and integrity, he has become a victim of personal vendetta/conspiracy emanating from certain vested interests, which ultimately resulted in the filing of malafide.

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