AURELIANO vs. STATE OF GOA (2023)

LEGAL SUBJECTS - Fundamental rights, Employment rights, Workplace Sexual Harassment Law.

CITATION OF THE CASE –

22553/2023.

 FACTS –

Aureliano Fernandes, a lecturer in the Department of Political Science at Goa University, faced multiple allegations of sexual harassment from female students. Following these complaints, an internal committee was formed to investigate the matter. The committee conducted an inquiry and issued an ex-parte order against Fernandes due to his repeated absences from the proceeding. Consequently, it recommended his termination from service, which the Executive Council of the University upheld. Fernandes challenged this decision in the Bombay High Court (Goa Bench), arguing that he had not been given a fair opportunity to defend himself and that the committee's constitution was improper. The High Court dismissed his petition, asserting that he had been afforded sufficient opportunities to participate in the inquires. 

 ISSUES –

  Was Fernandes given adequate opportunity to present his defense during the inquiry?   Whether the principles of natural justice were upheld, particularly concerning the right to be heard (Audi Alteram Partem) and impartiality (Nemo Judex in Causa Sua). The adequacy and effectiveness of the procedures followed under the POSH Act in handling allegations of sexual harassment.

 DECISION BY COURT–

 On May 12, 2023, the Supreme Court ruled that the internal committee did not adhere to procedural norms as prescribed under the CCS Rules and failed to provide a reasonable timeframe for Fernandes to respond to allegations. The committee's hasty proceedings violated principles of natural justice, particularly as Fernandes was unable to attend due to medical reasons.  The court quashed the High Court's ruling and remanded the matter back to the complaints committee for further proceedings, ensuring that Fernandes would be given a fair opportunity to defend himself.  The Supreme Court emphasized that disciplinary inquiries must be conducted with transparency and fairness, highlighting that institutions must rigorously follow established procedures when dealing with allegations under the POSH Act.

 IMPORTANCE OF THE CASE –

  The ruling sets clear standards for how internal committees must operate, ensuring they adhere strictly to procedural fairness and natural justice principles. It provides a framework for educational institutions and workplaces to conduct inquiries into sexual harassment complaints, emphasizing transparency and proper communication. The decision serves as a precedent for similar cases, reinforcing the necessity for thorough and fair investigations into allegations of sexual misconduct.   It is a pivotal case that underscores the importance of upholding justice and fairness in disciplinary processes related to sexual harassment claims, thereby strengthening protections for women in workplaces across India.

Compiled by Adv. Bincy Benny, Research And Training Admin, ATPA.