Calcutta HC upholds dismissal of sexual harassment complaint against NUJS Vice Chancellor [Read Order]

Kolkata: The Calcutta High Court has delivered a significant judgment upholding the dismissal of a sexual harassment complaint against Dr. Nirmal Kanti Chakraborti, Vice Chancellor of the National University of Juridical Sciences (NUJS), Kolkata.

Calcutta High Court Rules on POSH Act Limitation in Sexual Harassment Case

A Division Bench comprising Justice Harish Tandon and Justice Prasenjit Biswas ruled on the matter, examining key aspects of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

The court reviewed a complaint filed by a teaching assistant against the Vice Chancellor, alleging incidents of sexual harassment between September 2019 and April 2023. The Local Complaints Committee (LCC) had initially dismissed the complaint on the grounds of limitation.

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The court extensively analyzed the definition of sexual harassment under the POSH Act, noting that it includes both direct acts and circumstances connected to such behavior. “The word ‘include’ enlarges and expands the meaning of a word or phrase so defined in the statute, as the legislature cannot conceive of all possible incidents,” the court observed.

Regarding the series of incidents and the limitation period, the court stated: “The unwelcome act or behavior, if repeated at short intervals or thereafter by the same person, would come within the purview of a series of incidents. It would be too burdensome on an employee to lodge a complaint against each of such incidents within the stipulated time provided in the statute.”

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On the administrative actions taken by the Executive Council, the court found no correlation with the alleged sexual harassment. It emphasized that, given the composition of the Executive Council—comprising notable academicians and jurists, including Supreme Court and High Court judges—it was improbable that the Vice Chancellor could manipulate its decisions.

The court upheld the LCC’s decision to dismiss the complaint, noting that it was filed in December 2023, well beyond the three-month limitation period from the last alleged incident in April 2023. “Once a limitation is provided in the Act, the authorities conferred with the power cannot determine the cause if the complaint is filed beyond the said limitation period,” the court held.

Setting aside the Single Bench order that had directed the LCC to hear the complaint on merits, the Division Bench restored the LCC’s original decision dismissing the complaint. The court emphasized that while limitation laws may sometimes act harshly, they must be applied with full rigor when prescribed by statute.

The judgment extensively discussed the interplay between Sections 2(n), 3, and 9 of the POSH Act, providing significant guidance on handling sexual harassment complaints, particularly regarding limitation periods and the scope of “series of incidents.”

Advocates Appearing for the Parties:

For the Appellant: Mr. Lakhi Kumar Gupta, Mr. Shiv Shankar Banerjee, Mr. Biswaroop Bhattacharya, Ms. Arijita Ghosh, Ms. Ananya Ghosh

For the Respondent: Mr. Kollol Basu, Mr. Rohit Das, Mr. Suman Banerjee, Ms. Kishwar Rahman, Ms. Divya J. Tekriwal, Mr. Preetam Majumdar, Ms. Sristi Roy

For WBNUJS: Mr. Pratik Dhar, Mr. Pappu Adhikari

Case Title: Dr. Nirmal Kanti Chakraborti vs. Vaneeta Patnaik & Ors.

[Read Order]