08 July 2024 Administrative Law >> Constitution & Law Procedure   |   Sexual Harassment >> Workplace/ Professional Related  

In a significant legal development, the Hon'ble Court has rendered its decision in the matter of Dr. Marufa Mazhar Faruqi v. Tata Institute of Social Sciences & Anr., addressing grievances arising from disciplinary actions taken by Tata Institute of Social Sciences (TISS) against Dr. Faruqi.

The dispute originated from an incident where Dr. Faruqi and her husband were implicated in a social media post allegedly targeting the Dean and Internship Coordinator of TISS. Subsequently, TISS constituted a Three Member Enquiry Committee to investigate the matter, which recommended Dr. Faruqi's rustication. This decision was communicated to Dr. Faruqi by the Officiating Registrar of TISS on 3rd November 2022. Aggrieved by this decision, Dr. Faruqi initially approached the court through a Writ Petition challenging the communication of rustication. The court, however, directed Dr. Faruqi to pursue an Appeal process instead, noting the availability of an alternative remedy. The court emphasized the submission of an apology and an undertaking by Dr. Faruqi, suggesting these should be considered in the appellate proceedings.

Subsequent developments saw Dr. Faruqi filing a second Writ Petition, contesting an order by the Appellate Authority dated 23rd December 2023. The Appellate Authority had expanded the scope of its consideration to include a separate complaint filed by Dr. Faruqi alleging sexual harassment against the Dean. This expansion prompted Dr. Faruqi to challenge the decision on grounds of jurisdictional overreach.

In its deliberation, the court underscored that the original appeal solely concerned the rustication decision related to the social media post, which was the subject matter of the enquiry committee's report. The court noted previous directives urging TISS to show leniency and consider Dr. Faruqi's apology, emphasizing a balanced approach between maintaining discipline and ensuring fairness.

Consequently, the Hon'ble Court quashed the Appellate Authority's decision dated 23rd December 2023, citing that it had overstepped its jurisdiction by considering matters unrelated to the original appeal. The court emphasized the independence of the sexual harassment complaint proceedings and instructed TISS to handle them separately.

In its final order, the court remanded the case back to the Appellate Authority with clear directives:

1. Reconsider Dr. Faruqi's appeal strictly within the scope of the rustication decision communicated on 3rd November 2022.

2. Ensure a prompt decision within six weeks, considering the previous court directives regarding Dr. Faruqi's apology and undertaking.

3. Maintain independence in handling the sexual harassment complaint, with no integration of issues pertaining to the original rustication appeal.

The court concluded by expressing confidence that the Appellate Authority would decide the appeal impartially and in accordance with legal principles, urging TISS to uphold fairness and procedural justice in its administrative action.