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Supreme Court Upholds Time Bar in NUJS Harassment Case, Orders VC to Add Judgment to Resume

Citing the POSH Act’s limitation, the bench imposed a rare reputational sanction by requiring its judgment on the allegations to appear on the NUJS vice-chancellor’s resume.

Overview

  • A bench of Justices Pankaj Mithal and P. B. Varale dismissed the appeal as time-barred and directed that its judgment be included in Dr. Nirmal Kanti Chakrabarti’s resume, with compliance ensured by him personally.
  • The court held the last actionable incident was in April 2023, while the faculty member filed with the Local Complaint Committee on December 26, 2023, beyond Section 9’s three-month window and even the extendable six months.
  • Agreeing with the Calcutta High Court division bench, the Supreme Court found that later steps, including the August 29, 2023 removal from a directorship and a preliminary inquiry, were administrative decisions rather than acts of sexual harassment.
  • A May 2024 single-judge order that revived the complaint for a rehearing was set aside by the division bench in December 2024, and that decision now stands affirmed.
  • The complaint described repeated unwelcome advances, sexual demands and career threats from 2019 to April 2023, which the court said should not be forgotten even though investigation is barred by limitation.