Final Up to date: January 24, 2023, 16:24 IST
The Allahabad Excessive Court docket has just lately dismissed the assessment petition filed by a former lecturer of Lucknow College in opposition to its determination in a sexual harassment case.
The accused lecturer, Gyanesh Shukla, was dismissed from the college in 2000 on the idea of a report by a disciplinary committee. Difficult his dismissal, Shukla moved the excessive court docket, which rejected his writ petition in 2019.
The sacked lecturer, thereafter, most popular a assessment of the judgment.
The division bench of Justice Attau Rahman Masoodi and Justice Saurabh Lavania held that within the garb of assessment of the judgment, the petitioner’s counsel had argued the matter afresh on deserves, which isn’t permissible underneath legislation.
“Review is not a disguised appeal,” Justice Lavania famous whereas clarifying that if the judgment underneath assessment is inaccurate, the identical might be corrected by the Superior Court docket and never within the assessment jurisdiction.
The ex-lecturer had filed the assessment petition on the bottom that the 2019 judgment of the excessive court docket suffered from a false impression of reality & legislation by the court docket.
His counsel submitted that the College had held the inquiry by the disciplinary committee and handed the dismissal order with out issuing a proper cost sheet to the accused lecturer which consequently disadvantaged him of the chance to steer his defence.
Subsequently, on account of violation in following the process prescribed, the profit could be given to the charged official, the counsel contended.
Nevertheless, the division bench discovered that the sacked lecturer had identified in regards to the structure of the disciplinary committee in opposition to him and was additionally referred to as upon to face the proceedings earlier than the enquiry report was submitted by the committee.
Although the court docket agreed that there was nothing on report to indicate the framing of particular prices by the competent authority in opposition to the sacked lecturer or that they have been communicated to him.
“The lack of framing of charges by the competent authority before appointing the disciplinary committee or before stepping into the enquiry is certainly an aspect that escaped the attention of the writ court in the spirit of law and the petitioner ought to have laid emphasis. The impracticality of holding enquiry into the charges is also not the case at hand as there is no order passed to that effect in writing,” said Justice Masoodi whereas authoring his opinion.
Nevertheless, concurring with the opinion recorded by Justice Lavania on the problem of the scope of assessment, Justice Masoodi held that assessment is confined to an obvious error on the face of report and the court docket can not proceed to take a unique view until there’s a consensus on the completely different view to be taken.
Shukla held the put up of Lecturer in Business Arts, School of High quality Arts, Lucknow College.
In September 1998, a feminine pupil levelled severe allegations of sexual harassment in opposition to the lecturer which have been adopted by related accusations by one other pupil.
Thereafter, the college determined to not maintain the inquiry as per the process prescribed within the statute notably however constituted a disciplinary committee, which filed its report recommending dismissal of the accused lecturer.
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