VANEETA PATNAIK versus NIRMAL KANTI CHAKRABARTI & ORS.

Citation: [2025] 10 S.C.R. 253 · Decided: 12-09-2025 · Supreme Court of India · Bench: PANKAJ MITHAL · Disposal: Dismissed

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Judgment (excerpt)

[2025] 10 S.C.R. 253 : 2025 INSC 1106
Vaneeta Patnaik 
v. 
Nirmal Kanti Chakrabarti & Ors.
(Civil Appeal No. 11786 of 2025)
12 September 2025
[Pankaj Mithal* and Prasanna B. Varale, JJ.]
Issue for Consideration
Issue arose whether the Division Bench of the High Court is justified 
in non-suiting the appellant on the ground that her complaint was 
barred by limitation; and whether the subsequent event of removal 
of the appellant from the post of the Director, CFRGS or initiation 
of inquiry by the Executive Council are in any way linked to sexual 
harassment or amounts to sexual harassment as described u/s.3(2) 
of the POSH Act.
Headnotes†
Sexual Harassment of Women at Workplace (Prevention, 
Prohibition and Redressal) Act, 2013 – ss.2(n), 3, 9 – Sexual 
Harassment – Appellant-faculty member of the University 
lodged a formal complaint on 26.12.2023 with the Local 
Complaint Committee alleging sexual harassment on part 
of respondent no.1-Vice Chancellor of the University – LCC 
rejected the complaint as barred by time as the last alleged 
incident of sexual harassment occurred in April 2023; whereas 
the complaint was filed beyond the prescribed period of 
limitation of three months as also the extendable period of 
limitation of six months – Writ petition, thereagainst – Single 
Judge of the High Court quashed the order of the LCC hold 
that the appellant was subjected to threat of detrimental 
treatment in her employment even after April 2023 and as 
the Vice-Chancellor created an intimidating, offensive and 
hostile work environment for her, as such the complaint was 
within time, taking the subsequent event as the last incident 
of sexual harassment – However, the Division Bench set aside 
the order passed by the Single Judge – Correctness:
Held: Last incident of actual sexual harassment took place in 
April 2023 – Subsequent incident of August 2023, whereunder the 
* Author
254
[2025] 10 S.C.R.
Supreme Court Reports
appellant was removed as Director of CFRGS, with no financial 
implications arose out of a complaint received from the Central 
Government undertaking wherein appellant was specifically 
named – It was a collective decision taken up by the Executive 
Council and not a unilateral action of the Vice-Chancellor – Actions 
taken against the appellant in August 2023, are administrative in 
nature and does not create a gender based hostile environment, 
and thus, fall short of being actions amounting to acts of sexual 
harassment – No direct link between the last incident of sexual 
harassment which happened in April 2023, and those referred to 
subsequently in August 2023 or December 2023 – Alleged act of 
harassment of April 2023, was a complete act in itself and had 
not continued thereafter – Subsequent events have no connection 
to the earlier act of sexual misconduct and as such, fall clearly 
out of the preview of acts or behaviours amounting to sexual 
harassment – Thus, the incident of April 2023, remains the last 
event related to sexual harassment – Furthermore, the appellant 
was conscious of the fact that her complaint was delayed proves 
that she herself treated the act of April 2023, to be the last incident 
of sexual harassment and as such, tried to explain the delay in filing 
the complaint – Division Bench of the High Court committed no 
error of law in restoring the decision of the LCC – Wrong which has 
been committed against the appellant may not be investigated on 
technical grounds, but it must not be forgotten – It is directed that 
the incidents of alleged sexual harassment on part of respondent 
no.1 may be forgiven but allowed to haunt the wrongdoer forever – 
Thus, this judgment to be made part of the resume of respondent 
no.1. [Paras 21-27, 29-34]
Case Law Cited
Union of India v. Tarsem Singh [2008] 12 SCR 104 : (2008) 8 
SCC 648 – referred to.
List of Acts
Sexual Harassment of Women at Workplace (Prevention, Prohibition 
and Redressal) Act, 2013; Code of Civil Procedure, 1908.
List of Keywords
Barred by limitation; Subsequent event; Removal; Post of the 
Director, CFRGS; Initiation of inquiry; Executive Council; Sexual 
[2025] 10 S.C.R. 
255
Vaneeta Patnaik v. Nirmal Kanti Chakrabarti & Ors.
harassment; Faculty member of the West Bengal National University 
of Juridical Sciences, Kolkata; Local Complaint Committee; Vice 
Chancellor of the University; Last incident of sexual harassment; 
Period of limitation of three months; Extendable period of limitation 
of six months; W

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