Allahabad HC orders reinstatement of Gautam Buddha University staff
The court set aside the termination order while expressing surprise that the registrar against whom the complaint was made, is continuing in service while the petitioner had been removed
The Allahabad high court has directed reinstatement of the private secretary to the vice-chancellor of Gautam Buddha University, Greater Noida, who was terminated after she in a complaint levelled sexual harassment allegation against the university’s registrar.
The court set aside the termination order while expressing surprise that the registrar against whom the complaint was made, is continuing in service while the petitioner had been removed. Earlier, on three occasions, the petitioner had challenged her termination before the high court, it was set aside, and the matter was remanded back for reconsideration.
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.”
Observing that the entire process of suspending the petitioner and terminating her was set in motion after she 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 premeditated and vindictive approach.
In her application, the petitioner had allegedly falsely claimed that she was pursuing PhD. Holding that there was no guideline regarding preference to be given to 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.”
Accordingly, the court in its judgment dated September 16 quashed the termination order dated December 14, 2024 passed by the registrar, Gautam Buddha University, Greater Noida. The court directed the respondent university and its registrar to allow the petitioner to function as staff officer to the vice-chancellor.
