By Ungender Blog Team June 23, 2018

ICC reports shall substantiate their findings with a definitive conclusion by drawing a nexus between the alleged facts and the decision derived: Delhi High Court

Legal Updates

Sexual Harassment

Cross-Examination of witnesses cannot be denied to the accused: Delhi High Court

Citation: Ashok Kumar Singh v. University of Delhi (Delhi High Court WP 7371 of 2016)

Highlights:

Where the report of the ICC states that the case has substance, it is also required for them to clarify the same, failing which, they would be ordered to draft new ones. Satisfactory reasons are to be given for having gone through with the same.

Facts:

The writ petition challenged the reports of the ICC of Dayal Singh Evening College, which had been constituted on account of complaints against the petitioner in the writ petition. The petitioners claimed that the report only gave a prima facie conclusion of the complaints having substance, without having stated a definite conclusion of how the petitioner is being held guilty of his charges.

Judgement:

The Court set aside the earlier reports of the ICC and directed the body to prepare fresh reports. It was clarified that they did not require to conduct the proceedings again, but simply required to prepare a fresh report.

Rationale:

The Hon’ble High Court laid emphasis on the fact that although the report of the ICC states that the case has substance, it is also required for them to clarify the same, failing which, they would be ordered to draft new ones. Satisfactory reasons are to be given for having gone through with the same.

Written by

Ungender Blog Team

Ungender Blog Team

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