Allahabad HC orders reinstatement of GBU VC’s secretary terminated after sexual harassment complaint

NEW DELHI: The Allahabad High Court has directed the reinstatement of the private secretary to the vice chancellor of Gautam Buddha University, Greater Noida, whose service was terminated after she had allegedly made a complaint alleging sexual harassment against the registrar of the university. The court set aside the termination order, expressing surprise that the registrar against whom the complaint was made is continuing in service while the petitioner has been removed from service.

After the petitioner challenged her termination before the high court, it was set aside and the matter was remanded. Thereafter, the petitioner was again terminated. This continued over four times till the present court ordered her reinstatement. Allowing a writ petition filed by Meena Singh, Justice Manju Rani Chauhan directed her reinstatement, observing, "It is a clear case of unnecessary harassment of the petitioner as all proceedings against her were initiated only after she lodged a complaint against the registrar." "This sequence of events unmistakably reflects the conduct of the registrar who continued in service with the university, whereas the petitioner has been removed from employment," the court added.

Observing that the entire process of suspending the petitioner and terminating her was set in motion after she had filed a complaint of sexual harassment against the registrar, the court held that the university had initiated proceedings only to harass and target the petitioner, showing a premeditated and vindictive approach.

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‘Fake PhD’ claim unfounded

Holding that there was no guideline regarding preference to be given to a higher degree holder, the court held that there was no occasion for the petitioner to rely upon a fake PhD degree to be selected for the post. "This court is constrained to observe that the initiation of proceedings against the petitioner on such untenable grounds reflects a clear abuse of process and smacks of mala fides. The manner in which the petitioner has been proceeded against, despite the absence of any legal or factual basis, indicates that the action was not guided by bona fide considerations but was motivated by extraneous reasons with the sole object of victimising the petitioner.

"Such conduct, in the considered opinion of this court, amounts to an arbitrary exercise of power and cannot be countenanced in law," it said. Accordingly, the court in its judgment dated September 16 quashed the termination order dated December 14, 2024 passed by the registrar of the university in Greater Noida. The court directed the respondent university and the registrar to allow the petitioner to function as a staff officer to the vice chancellor.