Page No.# 1/5 GAHC010140992026 2026:GAU-AS:11556 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3855/2026 DR. PRAMOD RANJAN S/O MAHENDRA PRASAD SINGH PERMANENT R/O TEACHERS COLONY, KUMHRAR, PATNA, PIN -800026 DISTRICT- PATNA, BIHAR. PRESENT ADDRESS HOUSING BOARD COLONY DIPHU, DISTRICT KARBI ANGLONG ASSAM, PIN-782460 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF EDUCATION DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAWAM, NEW DELHI, PIN 110001 2:THE ASSAM UNIVERSITY SILCHAR REPRESENTED BY ITS REGISTRAR DORGOKONA SILCHAR DISTRICT - CACHAR ASSAM PIN 788011 3:THE VICE CHANCELLOR ASSAM UNIVERSITY SILCHAR DISTRICT - CACHAR ASSAM PIN -788011 4:THE CHAIRPERSON INTERNAL COMPLAINTS COMMITTEE ICC ASSAM UNIVERSITY SILCHAR DISTRICT - CACHAR Page No.# 2/5 ASSAM PIN -788011 5:THE PRO VICE CHANCELLOR ASSAM UNIVERSITY DIPHU CAMPUS KARBI ANGLONG DIPHU ASSAM-782462 6:THE DEPUTY REGISTRAR ASSAM UNIVERSITY DIPHU CAMPUS KARBI ANGLONG DIPHU ASSAM-782462 7:UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS CHAIRMAN BAHADUR SHAH ZAFAR MARG NEW DELHI PIN - 11000 Advocate for the Petitioner : MR. S MITRA, MR A K BORO,A R ANSARI,MR S.MITRA Advocate for the Respondent : DY.S.G.I., SC, U G C,SC, ASSAM UNIVERSITY BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 14.08.2026 Heard Mr. S. Mitra, learned counsel for the petitioner and Mr. S. C. Keyal, learned Senior Counsel as well as learned Standing Counsel, Assam University assisted by Mr. K. Jain, learned counsel for the Assam University respondent and Dr. P. Agarwal, learned Standing Counsel, UGC, for the respondent No. 7. [2.] Having regard to the grievance projected by the petitioner and the instructions that has been received by Mr. S. C. Keyal, learned Senior Counsel, the matter is taken up for disposal at this stage. Page No.# 3/5 [3.] By filing this writ petition, the petitioner has projected his grievance against the Memorandum of Charge issued to him on 05.01.2026 by the University, charging him of violating the Code of Professional Ethics for teaching and working at Assam University, Diphu Campus and calling the I.O. (Diphu Police Station) as a reporter and influencing the I.O. to go aggressive in the case of one Dr. Aniruddha Kumar, Assistant Professor, Department of Hindi of the Assam University. [4.] The learned counsel submits that the Memorandum has been issued pursuant to the decision taken by the Executive Council of the University in its 176th Meeting held on 25.09.2025, pursuant to a report submitted by the Internal Complaints Committee (ICC) on matter relating to Diphu Campus of the University. He submits that while a major penalty under Rule 11 of the CCS (CCA) Rules, 1965 was decided to be imposed upon Dr. Aniruddha Kumar, Assistant Professor, Department of Hindi, the petitioner was also found to have objectionable conduct and, therefore, an enquiry was directed to be initiated against him as per the service rule. [5.] Aggrieved with the above action, the petitioner filed WP(C) No. 3051 of 2026, which was disposed of vide Order dated 12.06.2026 by granting liberty to the petitioner to file an appeal under Section 18 of the POSH Act within a time frame and the Appellate Authority was directed to take a decision within the outer limit of 07.07.2026. It was further provided that pending consideration and disposal of the appeal, the proceeding initiated against the petitioner in terms of the show-cause notice dated 05.01.2026 should not be proceeded with. The petitioner, accordingly, filed his appeal before the respondent No. 2 but the respondent No. 2 vide e-mail dated 21.06.2026, declined to entertain the appeal Page No.# 4/5 on the ground that no Disciplinary Proceeding was initiated against the petitioner for the allegations under the POSH Act but under the CCS (CCA) Rules, 1965 and CCS (Conduct) Rules, 1964 and, therefore, his appeal under Section 18 of the POSH Act was not maintainable and he was asked to participate in the Disciplinary Proceedings. Aggrieved the petitioner is again before this Court through the instant writ petition. [6.] When the matter was listed on 12.08.2026, the learned Senior Counsel and Standing Counsel, Assam University was asked to obtain instructions as to what would be the forum for the petitioner to file an appeal against the decision taken by the Executive Council of the University in relation to an issue relating to POSH Act. In other words, as to whether an appeal can be entertained under Section 34 of the Assam University Act, 1989. [7.] Today, Mr. S. C. Keyal, learned Senior Counsel and Standing Counsel, Assam University, on instructions submits that there is a provision under Section 37 of the Assam University Act, 1989, providing for constitution of committee and, therefore, if Court so pleases, a direction may be issued for constitution of a committee to consider the appeal of the petitioner. [8.] The learned counsel for the petitioner submits that the writ petition filed by Dr. Aniruddha Kumar before this Court in the meantime have been considered and the Court has interfered with the penalty of compulsory retirement and has remanded the matter back to the Internal Complaints Committee for reconsideration. [9.] Such being the position, the learned counsel submits that he may also be given liberty to flag this issue in his representation, in the event Court directs Page No.# 5/5 the constitution of a Committee to consider his appeal. [10.] Considering the above, without expressing anything on merits and having regard to the instructions received by the learned Senior Counsel and Standing Counsel for the Assam University, the writ petition is disposed of by directing the respondent University authorities to constitute a committee in terms of Rule 37 of the Assam University Act, 1989, for considering the appeal to be filed by the petitioner. The petitioner shall file his appeal highlighting all his grievances with regard to the decision taken by the ICC by addressing to the Registrar, who shall thereafter, place the matter before the constituted committee without delay. The petitioner shall file his appeal within ten (10) days from today and the constituted committee shall consider and take a decision in the matter by passing a reasoned and speaking order within the outer limit of thirty (30) days from the date of receipt of the appeal. [11.] Until such time there is an outcome of the appeal filed by the petitioner, the proceeding that has been initiated in terms of the show-cause notice dated 05.01.2026 shall be kept in abeyance. [12.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant