Delhi HC upholds DU faculty's termination for demanding bribe in exchange for attendance

New Delhi, Sep 16 (PTI) Demanding cash, cell phone, diamond earrings from students as bribe in exchange for attendance and marks proved costly for a Delhi University faculty member whose termination was upheld by the Delhi High Court.

Justice Jasmeet Singh in a September 12 verdict observed the misconduct proved it to be "grave" and act that struck "at the core of academic integrity".

The petitioner, a former reader (a professor without a chair) in the commerce department with a Delhi University college, had challenged the 2012 ruling upholding her termination.

The dispute dates back to 2008 when several students accused the petitioner of demanding illegal gratification, including cash, cell phone, pearl strings, diamond earrings and even a saree in return for favours such as attendance and marks.

The petitioner, on the contrary, claimed these were fabricated complaints, being part of a conspiracy to oust her.

She also maintained that the audio recording submitted against her by some students was edited, deleting portions unfavourable to them.

The college and university established an inquiry committee and later an appeals committee.

Both bodies upheld the misconduct charge after disciplinary proceedings.

The appeals committee, however, reduced the penalty from dismissal to termination, for the woman to avail her retirement benefits.

The high court observed the appeals committee had already modified the relief by mitigating the penalty from dismissal to termination while safeguarding the retiral dues of the petitioner.

Referring to a precedents, the Justice Singh further noted, "To further substitute termination with voluntary retirement would amount to rewriting or modifying the award, which is impermissible.." The high court also found no ground for setting aside or further modifying the award passed by the appeals committee under the Arbitration and Conciliation Act as the proceedings were fair; the findings supported by evidence and the penalty tempered by leniency.

The appeals committee was stated to have further integrated justice with equity by converting dismissal to termination in favour of the petitioner.

"Hence, the said consideration clearly shows appreciation of facts and evidence as well as application of mind by the appeals committee," it added.

The petitioner argued violation of statutory safeguards and improper constitution of the inquiry committee, fabricated and unreliable evidence and denial of legal assistance besides negation of a fair opportunity. PTI SKV SKV AMK AMK