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Supreme Court of India 2023-05-12 allowed

AURELIANO FERNANDES vs STATE OF GOA AND OTHERS

Bench: 2 — A.S. Bopanna, Hima Kohli

In Brief

A university professor was dismissed from service based on a Complaints Committee report finding sexual harassment of students. The Supreme Court quashed the dismissal, holding that while the Committee correctly inquired into the complaint, the procedure adopted violated natural justice principles. Within 39 days, the Committee conducted 18 hearings, forwarded multiple witness statements with impossibly short response deadlines (48 hours), and proceeded ex-parte despite the appellant's health issues and request for reasonable time. Though the POSH Act protects workplace harassment victims, the Court emphasized that procedural fairness—giving the accused a genuine opportunity to defend—is constitutionally mandated and foundational to Article 14. The matter was remanded for a fair re-inquiry.

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Sexual Harassment at Workplace Service Law Disciplinary Action Principles of Natural Justice POSH Act Procedural Fairness Civil Service Conduct Rules

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