VidhiSangh

Supreme Court of India · 12/05/2023

AURELIANO FERNANDES versus STATE OF GOA AND OTHERS

[2023] 7 S.C.R. 772 · 2023 INSC 527

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court set aside the decision upholding a university teacher’s dismissal because the harassment inquiry denied reasonable time to answer fresh depositions and defend himself. It remanded the inquiry to its position on 5 May 2009, without immediate reinstatement or back wages. The Court also issued nationwide directions on verifying harassment committees, publishing complaint information, training and awareness, with compliance affidavits within eight weeks.

Issues

  1. Whether the Complaints Committee’s flexible inquiry procedure nevertheless denied a fair opportunity to defend.
  2. Whether failure to frame formal articles of charge alone invalidated the inquiry.
  3. What stage and conditions should govern the resumed inquiry and the employee’s service claims.
  4. What wider directions were required for effective implementation of workplace-harassment protections.

Provisions considered

Held

Result

Appeal allowed; inquiry remanded to its 5 May 2009 stage for completion within three months of the first resumed hearing. No immediate reinstatement or back wages pending decision. Nationwide implementation directions and eight-week compliance affidavits ordered; parties to bear own costs.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 772.