Appellate Authority Directed to Conduct Expeditious Hearing and Provide Fair Decision on Pending Appeal
In a significant development, the Madhya Pradesh High Court has set aside an earlier order by the Writ Court which had awarded compensation in a sexual harassment case involving the former Vice Chancellor of Lakshmibai National Institute of Physical Education (LNIPE). The Division Bench, comprising Justices Anand Pathak and Ashish Shroti, has remanded the matter back to the appellate authority for a thorough hearing.
The case stems from a 2019 incident wherein the complainant, Smt. Anusha Deepak Tyagi, who was employed as a Yoga Instructor at LNIPE, lodged a sexual harassment complaint against Dr. Dilip Kumar Dureha, the then Vice Chancellor. An Internal Complaint Committee (ICC) inquiry found allegations against Dr. Dureha, leading to a writ petition wherein the Writ Court awarded Rs. 35 lakh as compensation to the complainant and imposed additional penalties on state functionaries for delay in criminal proceedings.
However, the appellant, Dr. Dureha, contested this decision on the grounds that an appeal against the ICC's findings was still pending. The High Court acknowledged the right to appeal as a substantive one, necessitating a fair hearing before any prejudicial decisions are made.
The Bench emphasized that the appellate authority, identified as the Secretary, Ministry of Sports and Youth Affairs, Government of India, must resolve the appeal within two months, ensuring a balanced examination of the facts and arguments from both parties.
Both parties are scheduled to appear before the appellate authority on July 14, 2026, to initiate proceedings. The High Court's directive underscores the importance of due process in administrative law, particularly in cases of sexual harassment within educational institutions.
Bottom line:-
Sexual Harassment at Workplace - Compensation granted based on Internal Complaint Committee's findings - Right to appeal is substantive and must be exercised by the appellate authority to ensure a fair hearing before any prejudicial decision is made.
Statutory provision(s): Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, University Grant Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005.
