Gauhati HC orders reinstating Tezpur Varsity Prof dismissed on sexual harassment charges

Prof CSHN Murthy, the then head of the Mass Communication department of Tezpur University – a central university in Assam – was accused of sexually harassing a female student of the department in May 2013, followed by two other complaints of similar nature. While the university’s Complaint Committee on Sexual Harassment in a “highly biased, unfair and questionable proceedings” held him guilty and recommended his termination from service, the university first placed him under suspension and then dismissed him.

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The High Court also opined that the proceedings drawn by the university authorities against Prof Murthy were based on “vague complaints” and that he was denied the reasonable opportunity of hearing. The court also observed that there was no evidence to show that Prof Murthy cross-examined or was given any opportunity to cross-examine the witnesses.

“No charge-sheet or list of witnesses or documents was furnished to the petitioner (Prof Murthy) by the respondent authorities (the university),” the judgment said, adding that the recommendation and observations of the Complaint Committee to terminate Prof Murthy were not supported by any legal evidence.

The court also directed the Tezpur University authorities to pay within three months Prof Murthy all the back wages with effect from the date he was removed from service, failing which he would be entitled to a 12 per cent interest per annum from the date of the judgment.

The female student had complained that Prof Murthy had extended “implicit proposal” towards her allegeldly “for the sake of grade” and successful completion of her dissertation. Two other complaints submitted collectively by some other students also became part of the inquiry that the university’s Complaint Committee took up.