INDIAN INSTITUTE OF TECHNOLOGY DELHI & ANR vs ATUL KUMAR MITTAL & ANR

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on : 27.03.2025 LPA 190/2019 INDIAN INSTITUTE OF TECHNOLOGY DELHI & ANR. ....Appellants Through: Mr Gourab Banerji, Senior Advocate with Mr Arjun Mitra, Ms Raka Chatterjee, Mr Rakesh Talukdar, Mr Supreeth V. and Mr Mohit Pandey, Advocates. versus ATUL KUMAR MITTAL ....Respondent Through: Respondent in person. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present appeal assails a judgment dated 20.02.2019 passed in W.P.(C) 9777/2017 whereby the inquiry into the allegations of sexual harassment against the respondent, as well as the consequent penalty of compulsory retirement has been set aside, and the appellant/s has been directed to re-instate the respondent. 2. The inquiry against the respondent (professor at IIT, Delhi) was conducted on account of certain complaints of sexual harassment received by the institute. The factual background leading up to the filing of the W.P.(C) 9777/2017, and the impugned order dated 20.02.2019 is set out hereunder: 3. On 22.01.2013 a complaint was received by the Director, IIT Delhi from a Ph.D scholar. By the said communication, the conc