‘Should haunt him forever’: SC dismisses sexual harassment case against NUJS V-C, orders mention in resume

The Supreme Court dismissed the sexual harassment complaint filed by a faculty member of the West Bengal National University of Juridical Sciences (NUJS) against the vice-chancellor under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) as it was time-barred, but ordered that this judgment be made a part of the resume of the vice-chancellor. The alleged incident took place in April 2023, but the complaint was lodged only in December 2023, beyond the six-month limitation period prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

In the rare order, the top court said on Friday that the incident of alleged sexual harassment may be forgiven, but it should haunt him forever.

While dismissing the case due to a statutory time limit for filing such complaints, a bench of Justices Pankaj Mithal and Justice PB Varale ensured that the “offence” did not go unpunished. The bench insisted that the wrongdoing of the vice chancellor could not be allowed to fade into obscurity, said a Livelaw report.

“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.

LCC rejected initial complaint, citing time limit

The petition was dismissed after the court observed that the survivor had lodged a formal complaint on December 26, 2023, several months after the alleged incidents took place in April 2023. The complaint was initially registered with the Local Complaint Committee (LCC), which had rejected it as “time-barred,” noting that it was filed beyond the prescribed limitation period of three months and even beyond the extendable limit of six months.

According to the complainant, the vice chancellor joined in July 2019 and since then had subjected her to unwelcome advances, sexual demands, and threats to her career, culminating in an incident in April 2023 when he allegedly pressured her to accompany him on a resort trip. She claimed that when she refused, he warned that her career would suffer.

The woman’s promotion was put on hold in October 2019 till the Executive Council cleared her elevation on April 2, 2022.

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‘Threatened appellant that her career would suffer badly’

“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.

A single judge of the Calcutta High Court later revived the complaint, holding that the intimidation and hostile work environment continued after April 2023, keeping the complaint within the prescribed time limit. However, a division bench overturned this decision in December 2024.