Bombay HC Quashes Adverse Remarks Against Cooper Hospital Dean In Sexual Harassment Case, Cites Natural Justice Violation

Mumbai, May 4: The Bombay High Court has expunged adverse remarks made against Dr Sudhir Medhekar, dean of civic-run Cooper Hospital, observing that they had caused serious damage to his professional reputation.

A bench of Justices Riyaz Chagla and Advait Sethna recently held that the remarks made by a committee against Medhekar for allegedly failing to act promptly on a sexual harassment complaint were unjustified and violated principles of natural justice.

Court cites damage to reputation

“The petitioner (Medhekar), by such adverse remarks, is suffering damage to his reputation,” the court said, noting that a “misleading and adverse impression” had been created about him.

The court also made it clear that there were no allegations of sexual misconduct against Medhekar. The only issue raised was regarding delay in taking action on the complaint filed by a medical student against her teacher.

Remarks and memo quashed

The bench quashed both the adverse observations made by the Main Internal Complaints Committee (MICC) in its report and the warning memo issued by the Brihanmumbai Municipal Corporation (BMC) based on those findings.

The court held that the actions of the MICC and the civic body were in breach of natural justice as Medhekar was not given an opportunity to present his case before the remarks were recorded.

Background of the case

Medhekar had approached the High Court seeking removal of the remarks made in September 2024 by the MICC and the quashing of the warning memo issued by the Deputy Municipal Commissioner (Public Health).

The case stems from an April 2024 complaint filed by a second-year MBBS student at Nair Hospital, alleging sexual harassment by a senior medical teacher. As some members of the hospital’s Internal Complaints Committee were also named, the matter was referred to the MICC functioning under the BMC’s Savitribai Phule Gender Resource Centre.

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In its findings, the MICC had observed that the hospital authorities, particularly the dean, were “insensitive” and had failed to act promptly on the complaint. The BMC later issued a warning memo echoing these conclusions.

However, Medhekar argued that he had not been issued any notice or given a hearing before such remarks were made.

Accepting his contention, the High Court ruled in his favour, holding that the remarks and memo could not be sustained in law.

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