New Delhi: Nearly five years after BN Ray was sacked as Vice Principal of Ramjas College following the charge of sexual harassment made by some male students, the Delhi High Court on Monday set aside the inquiry report on the basis of which the action was taken against him.
The HC, however, directed the inquiry committee to prepare a fresh report after permitting the accused to cross examine the witnesses in six months.
A division bench of justices B D Ahmed and V K Jain allowed the plea of Ray that the inquiry procedure contemplated under the DU Ordinance was violative of Article 14 of the Constitution and unfair and arbitrary as he was not allowed to cross examine the witnesses who had deposed against him.
"The findings recorded and the recommendations made by the Enquiry Committee/Sub-Committee are hereby quashed.
"The respondents (college committee) will supply copies of all previous complaints and statements of witnesses to the petitioner within four weeks, unless such complaints/statements have already been supplied to him", said the bench.
This would include the statements recorded by the Committee as well as the statements recorded by the Sub-Committee, it added.
Accepting Ray`s argument to declare the manner in which the inquiry was conducted as unconstitutional and contrary to the law, the bench said "after cross-examination of their witnesses, the petitioner (Ray) would be given an opportunity to examine witnesses in his defence".