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

Judgment text excerpt

$~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: Signature Not Verified Digitally Signed By:ROHIT LPA 190/2019 Page 1 of 50 KUMAR PATEL Signing Date:29.03.2025 14:53:34 FACTUAL BACKGROUND: 3. On 22.01.2013 a complaint was received by the Director, IIT Delhi from a Ph.D scholar. By the said communication, the concerned Ph.D scholar expressed certain apprehensions and sought change of guide for the purpose of pursuing her Ph.D. Consequently, a fact finding committee was formed to look into the complaint dated 22.01.2013. The Fact Finding Committee submitted its report on 13.02.2013 based on interaction with the complainant/Ph.D Scholar. The same was placed for consideration before the Sexual Harassment Complaints Committee (hereinafter “SHCC”) on 26.02.2013. 4. Du