Jahanvi Agarwal
The Calcutta High Court has cleared Prof. (Dr.) Nirmal Kanti Chakraborti, the Vice-Chancellor of the National University of Juridical Sciences (NUJS), Kolkata, of sexual harassment allegations. The court found no credible evidence to support the claims and upheld the Local Complaint Committee’s (LCC) decision to dismiss the complaint, citing the time limitations outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The complaint was filed on December 26, 2023 by a faculty member, who accused Prof. Chakrabarti of making inappropriate advances between 2019 and April 2023, allegedly linking professional benefits to personal interactions. The complaint was filed only after the enquiry was initiated by the Executive Council into her on December 21,2023. Under the POSH Act, complaints must be filed within three months of the last alleged incident, with a possible three-month extension in exceptional cases. The complainant, however, failed to justify the substantial delay in bringing forward the case.
The bench comprising of the Hon’ble Justice Harish Tandon & The Hon’ble Justice Prasenjit Biswas highlighted that the sexual harassment complaint was filed much later than the statutory deadline. The delay, coupled with the absence of credible evidence, led the LCC to dismiss the case. Further, the complainant’s own communications with the university’s Chancellor did not mention any claims of sexual harassment, casting doubt on the veracity of the allegations. The complainant also failed to present convincing evidence to substantiate the claims. Furthermore, prior to the harassment allegations, the complainant had faced administrative scrutiny for professional lapses, including failure to complete a university project with NFCG and not submitting necessary financial documentation. Additionally, the complainant had undisclosed business ties, being a partner in Effulgent Educators LLP, which raised concerns over a potential conflict of interest when managing a university course. The Court also pointed out that key decisions, like withholding promotions, were made by the university’s Executive Council i.e., a panel of respected academics and jurists and not by Prof. Chakrabarti acting alone. This weakened the claim of the Complainant that the Vice-Chancellor had exerted undue influence over administrative matters.
This ruling underscores the importance of procedural fairness in handling sexual harassment complaints. It emphasizes the need for timely reporting and substantiated claims under the POSH Act, ensuring that such legal protections are not misused for other grievances. The judgment also reinforces the necessity of integrity in administrative processes within academic institutions, balancing the rights of complainants with the need for a fair and impartial investigation.
The Court’s verdict is a major vindication for Prof. Chakrabarti, clearing his name after a prolonged and sensitive dispute. The judgment serves as an important reminder of the role of due process and evidence in workplace harassment cases, and the critical need for timely and credible complaints to preserve the integrity of both individuals and institutions.
This case is a significant example for both the legal and academic communities, highlighting the delicate balance between justice, accountability, and procedural fairness in cases of workplace harassment.
Case Name: Dr. Nirmal Kanti Chakraborti v. Vaneeta Patnaik & Ors.
Case Number: FMA 873 of 2024 With CAN 1 of 2024
Bench: The Hon’ble Justice Harish Tandon & The Hon’ble Justice Prasenjit Biswas