Wolf in White Coat! HC restores associate professor's suspension in sexual harassment case, tells NMC to cancel license if found guilty

While hearing the writ appeal filed by the petitioner, the court remarked,

"Dr ** is a wolf in white coat. He must be proceeded not only with the pending disciplinary proceedings expeditiously, but also by the National Medical Commission and if found guilty, his license should be cancelled."

The court ruled, "The person who is facing such a serious charge of sexual abuse and harassment of his own students has to remain suspended and therefore, we, in exercise of our extraordinary jurisdiction, cancel the order dated 17.11.2025, whereby Dr ***'s suspension was revoked. He shall remain suspended till the disciplinary enquiry gets completed and appropriate order of punishment is passed."

Reflecting on the institutional safeguards, the bench remarked, "No one could expect justice for the victims when the authorities, who owe a moral and statutory duty to protect the dignity and honour of students, come to the aid of the accused."

Background

As per the writ appeal filed before the High Court, the petitioner was named in two separate sexual harassment and molestation cases. The first complaint against him was filed in July 2022 by a junior resident doctor who alleged that when she met him to enquire about her postgraduate studies, he sexually harassed her. After no action was taken on her departmental complaint, she lodged an FIR under Section 354A IPC. He was arrested, released on bail and suspended on July 21, 2022.

Although the Internal Complaints Committee (ICC) closed the complaint after recording a settlement, the complainant approached the Deputy Commissioner the very next day, alleging she had withdrawn it under pressure.

A Local Committee constituted under the POSH Act found a prima facie case, leading to his suspension. However, in June 2024, a Single Judge quashed the suspension, holding that the suspension could not be sustained in the absence of departmental proceedings and observing that the Local Committee had not been constituted in accordance with the provisions of the POSH Act.

Less than a year later, in June 2025, a second-year postgraduate surgery student alleged that during a department dinner, the petitioner made her sit beside him and sexually harassed her. An FIR was registered under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act. He was arrested, remained in custody for more than 48 hours, granted bail, and suspended again.

The POSH Committee, in its interim and final reports, found the allegations prima facie true, referred to the similar 2022 complaint, and recommended disciplinary action under the Karnataka Civil Services Rules and the POSH Act, including consideration of the complainant's request for his dismissal and cancellation of his medical licence.

Following this, the Director of SIMS wrote to the Principal Secretary in June 2025 seeking disciplinary action against the petitioner based on the POSH Committee's directions, the FIR, his arrest, and judicial custody, and also recommended his suspension under Rule 33 of the Karnataka State Civil Services Rules, warning that postgraduate students might go on strike if no action was taken. Therefore, he was suspended on July 3, 2025, and the Government later initiated departmental proceedings.

Meanwhile, the doctor submitted a representation on July 21, 2025, seeking reinstatement. The representation was forwarded by the SIMS Director to the Principal Secretary, who sought the Director's opinion. On October 6, 2025, the Director recommended his reinstatement, describing him as indispensable to the institution.

Based on this recommendation, the Principal Secretary revoked his suspension on November 17, 2025, reinstated him, and temporarily transferred him to Haveri Institute of Medical Sciences. However, the petitioner did not report to Haveri. The High Court had stayed that transfer on February 9, 2026, during an appeal filed by the institution.

Court's observation

The Division Bench strongly criticised the conduct of the SIMS Director and the Principal Secretary, Medical Education Department, observing that they had been "totally insensitive" to the dignity, trauma and suffering of the complainants and had instead acted to protect the accused.

The court remarked that only two students had come forward with complaints and that there could have been more victims who remained silent due to fear. It further stated that the petitioner, as a teacher entrusted with guiding students, had instead abused that position of trust.

Noting the absence of resolutions approving the petitioner's transfer, which became secondary in view of the seriousness of the allegations, the court recommended disciplinary action against the SIMS Director and the Principal Secretary.

It directed the State Government to initiate departmental proceedings against the Director and the Department of Personnel and Training (DoPT), and the State Government to take appropriate action against the Principal Secretary for their role in revoking the petitioner's suspension.

Referring to the Supreme Court's judgment in 2023, the Bench reiterated that courts must deal with sexual harassment cases with sensitivity, give due weight to credible testimony of the complainant, and avoid misplaced sympathy towards the accused.

"We are also at pain to note that the writ Court has also been insensitive while staying the transfer of Dr *** without having any concern for how the students who had faced sexual harassment, humiliation and pain in the hands of Dr *** would feel facing him every day in the institution. Extraordinary situations demand extraordinary solutions, and therefore, the post facto approval of his transfer from SIMS to Haveri Institute of Medical Sciences cannot be said to be in any manner against the law. As we have noticed above, the institutions and authorities have failed the victims of sexual abuse by Dr *** in their pursuit of justice," the court observed.

Holding that the pending disciplinary proceedings should continue expeditiously, the Division Bench directed that a copy of its judgment be sent to the National Medical Commission (NMC) for appropriate action, including consideration of cancellation of his medical licence if he is found guilty.

It also set aside the November 17, 2025 order revoking his suspension, directed that he remain under suspension until completion of the departmental inquiry, while remaining attached to Haveri Institute of Medical Sciences.

To view the court order, click on the link below:

Also read- SIMS Medico alleges sexual harassment by Associate professor, students protest demanding suspension, arrest