Mumbai, May 4 The Bombay High Court has expunged adverse remarks made against Sudhir Medhekar, dean of civic-run Cooper hospital, by a committee for failing to take timely action on a sexual harassment complaint of a medical student against her teacher, noting that his reputation was damaged due to such remarks.
A bench of Justices R I Chagla and Advait Sethna, in the order passed last month, noted that there are no allegations of sexual misconduct against Medhekar and the only complaint against him is that he failed to take timely action on the student's complaint.
The court also quashed a warning memo issued to Medhekar by the Brihanmumbai Municipal Corporation (BMC) based on the committee's findings.
The court said the remarks against Medhekar by the MICC in its report and also the BMC's warning memo was in violation of the principles of natural justice as they were issued without granting him an opportunity to put forth his case.
"The petitioner (Medhekar), by such adverse remarks, is suffering damage to his reputation," the HC said.
A "misleading and adverse impression" has been created about Medhekar, thereby, causing irreparable harm to his professional reputation, the HC added.
Medhekar had sought expunging certain adverse remarks made against him in September 2024 by the Main Internal Complaint Committee (MICC) and quashing of the admonitory/ warning memo issued to him by the Deputy Municipal Commissioner (Public Health) pursuant to those remarks.
In October 2024, Medhekar was transferred as dean of Nair hospital to Hinduhruday Samrat Balasaheb Thackeray Medical College and R N Cooper hospital after the MICC held that hospital authorities, mainly the dean, had been "insensitive" to a sexual harassment complaint filed by a second-year MBBS student against a senior medical teacher.
The MICC in its findings and the BMC in its warning memo had taken a view that the Nair hospital authorities, including Medhekar, had not acted in a prompt manner and/or failed to take timely action on the sexual harassment complaint made by the student.
In April 2024, the student had submitted a complaint to the hospital's Internal Complaint Committee alleging sexual harassment against the teacher. Since, the complaint had also named certain members of the ICC, the proceedings were referred to the MICC functioning under the Savitribai Phule Gender Resource Centre of the BMC.
Medhekar, in his plea, said he was not issued any notice by the MICC nor was he given an opportunity to be heard before the MICC passed adverse remarks against him in its report. The remarks had tarnished his reputation and caused irreparable harm to his professional life, Medhekar said.
