Ashok Kumar Singh v. University of Delhi & Ors.
Case brief
What is this about?
Appeal against High Court judgment setting aside Internal Complaints Committee reports for failing to record definite findings under Section 13(3). Supreme Court remanded matter, upheld natural justice requirements for cross-examination via questionnaire, and issued strict timeline directions for fresh inquiry.
What did the court decide?
ICC directed to redo inquiry with questionnaire-based cross-examination, defence witnesses, strict 3-month timeline, and fresh categorical findings.
What the court decided
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- LPA 305/2017 & CM No.15732/2017
% Reserved on : 31st May, 2017 Date of decision : 18th August, 2017 ASHOK KUMAR SINGH ..... Appellant Through : Mr. Nikhil Nayyar, Mr. Amit Gupta, Mr. Anant A. Pavgi, Ms. Mansi Kukreja and Ms. Smriti Shah, Advs. versus UNIVERSITY OF DELHI & ORS ..... Respondent Through : Mr. Mohinder J.S. Rupal and Ms. Disha Malhotra, Advs. for R-1. Mr. Rajiv B. Samaiyan, Adv. for R-2. Ms. Vibha Mahajan, Adv. for R-3 to 5.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
GITA MITTAL, ACTING CHIEF JUSTICE
- The appellant before us has assailed the judgment dated 16th February, 2017 passed by the ld. Single Judge disposing of WP(C)No.7371/2016. By this writ petition under Article 226 of the Constitution of India, the petitioner had impugned three reports, two dated 30th June, 2015 and the third dated 12th February, 2016 which had been submitted by the Internal Complaints Committee ( ICC hereafter) of the respondent no.2, that is, the Dyal Singh Evening
Issues for consideration
3 issues framed by the court
whether respondent in ICC inquiry is denied right to cross-examine complaint witnesses or lead defence
whether ICC report violates mandatory requirements under Section 13(3) of Sexual Harassment Act
whether principles of natural justice require detailed inquiry procedure under Sexual Harassment Rules 2013
Parties & counsel
- appellant
Ashok Kumar Singh
- respondent
University of Delhi
- respondent
Dyal Singh Evening College
- respondent
Private Respondents 3 to 5
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court