Per: H.K. Sema: CJ: 1. This case has been registered as Public Interest Litigation pursuant to a complaint dated: 12.07.2001 filed by the Female Students of Government Medical College, Srinagar, addressed to the Chief Justice of High Court of J&K, Srinagar. After perusal of the complaint, the contents of which were serious in nature, complaint was directed to be registered as PIL and the registry of the Court accordingly registered the complaint as OWP (PIL) 301/2001. On 02.08.2001, the Division Bench of this Court passed the following order: - M/s Z.A. Shah and Z.A. Qureshi, Advocates for the petitioners. Mr. M.I. Qadiri, Sr. AAG, for the State. We have seen the representation of the female students of Government Medical College, Srinagar, filed through Miss Sabia Rashid dated: 12.07.2001 addressed to the Chief Justice. The allegations made in the representation are very serious and grave and require immediate action. We, accordingly, direct the Principal Government Medical College, Srinagar and Muhammad Abass, Additional Deputy Commissioner, Srinagar, who is reported to have made a preliminary enquiry into the incident, to report to this Court by Monday, the 6th August, 2001. A copy of the representation may be given to Mr. Qadiri, learned senior Additional Advocate General, to get the service effected on both of them today itself alongwith a copy of this order. We will pass further appropriate orders on Monday, the 6th August, 2001. We also request M/s Z.A. Shall and Z.A. Qureshi, Advocates, to assist this Court in this matter. Copies of the representation and this order may be provided to them during the course of the day. We have also received today a fax message from the members of the Voluntary Students Body, Government Medical College, Srinagar which is taken on record. List on Monday, the 6th August, 2001.� 2. To appreciate the controversy in perspective, the relevant portion of the complaint is extracted: - With due regards and respects, we the female students of 1st MBBS of the Govt. Medical College, Srinagar again want to bring to your kind notice the shameful, unethical & unrespective attitude of one doctor namely Dr. Abdul Ahad Ganai of the Deptt. of Anatomy of Govt. Medical College, Srinagar who has been troubling us to an extent that we are compelled to bring it to your notice. We remind your goodself about the misconduct & mis-behavious of Dr. Abdul Ahad Ganai, Associate Professor, Deptt. Abdul Ahad Ganai of the Deptt. of Anatomy of Govt. Medical College, Srinagar who has been troubling us to an extent that we are compelled to bring it to your notice. We remind your goodself about the misconduct & mis-behavious of Dr. Abdul Ahad Ganai, Associate Professor, Deptt. of Anatomy with us. It is a shameful act that our teachers are making indecent remarks about us. We are being asked by the doctor to come into the doctors chamber. The doctor repeatedly gives us the telephone number of his home & asks us to ring him. Just two days back he went to the extent of kissing two of the 1st MBBS Students while they were having viva in his room. He is using his official chair to take undue advantage of the innocent students & every now and then tells us that he is going to fail us if we don™t accept his demands. Left stranded we are left at a position that we can™t even tell our parents the misdoings & happenings of the college. The atmosphere is such that we have to get out parents on the days of our Examinations so that they accompany us. The doctor has been consistently using un-parliamentary & indecent language with us. If your goodself is of the opinion that we have got admitted to the college for entertaining our teachers then it is alright..... All the concerned staff & other teachers of the College are ashamed at the doctors action. As a result of all this, we were compelled to bring these facts to the higher authorities. The authorities responded by setting an enquiry Commission under the leadership of Mr. Mohd. Abbas (Addl. D.C.). The Commission gave its report to the authorities based on true facts of girls tortured by the doctor & all the staff members concerned. The report was of such a nature that even the authorities were ashamed of what the girls revealed & the said doctor was attached to the Director SKIMS. The facts have been brought to the surface after a full-fledged enquiry & are out in all the daily newspapers of the Valley. Only some clippings are attached. The concerned fellow is having a daughter of our age & is not ashamed of the acts he has performed.� (emphasis supplied). 3. The facts have been brought to the surface after a full-fledged enquiry & are out in all the daily newspapers of the Valley. Only some clippings are attached. The concerned fellow is having a daughter of our age & is not ashamed of the acts he has performed.� (emphasis supplied). 3. As would appeared from the record that some of the parents of the Government Medical College Students filed a complaint to the Hon™ble Chief Minister of Jammu and Kashmir State, by its complaint dated: 17.02.2001 projecting similar allegations against Doctor Abdul Ahad Ganai. It also appeared from the record that the Government by its order No. 395-HME of 2001 dated: 18.06.2001 appointed one Shri Mohd. Abbas, Additional Deputy Commissioner, Srinagar, as enquiry officer to enquire into the allegations levelled against Dr. Abdul Ahad Ganai. The Additional Deputy Commissioner submitted the enquiry report by its letter No: PS/ADC (A)/325-26 dated: 01.08.2001, addressed to the Principal Secretary to Government, Health and Medical Education Department, Srinagar. Copy of the enquiry report has also been made available before this Court and the same has been perused. The Enquiry Officer, during the enquiry, amongst others, established the following facts, in its report: - Two Senior Technicians namely Shri Mohammad Rajab and Bashir Ahmad during enquiry reacted separately and revealed that they have been always observing the sexual exploitation of girl students by the Doctor in one way or the other to the extent of resorting to physical acts in presence of every body in laboratory or during conduct of examination specifically viva-voce etc. The Doctor is habitual of using foul and indecent language both to boys and girls. They also admitted that he would never compromise with absence in class of any student without reason or a teacher and means punctuality. He is very tough with faculty and other staff members. While enquiring from other female faculty members of other departments it has been expressed that the Doctor Abdul Ahad has all weakness for girl students and resorts to sexual physical assaults of which they have been listening of since long, but as per their statements none has witnessed any such act of the Doctor taking place in their presence though Girls use, to approach with such complaints to them. They posed and projected themselves feeling insecure in presence of the Doctor. They posed and projected themselves feeling insecure in presence of the Doctor. Some ten students of first year MDBS and seven of third year were called at random through their representatives. Young girls though reluctant initially in commenting regarding the affairs and complaints but on assurance of maintaining secrecy of their names, said in one voice that the complaints lodged are factual. The complaints have been lodged without any exploitation by administration or faculty member of the department. Being open enough they revealed that the Doctor does resort to physical sexual assaults even in presence of male students in the class/laboratory or in his room, if and when called. They alleged use of foul and indecent language by him. During viva-voce he would act and look forward even to the extent of physical assaulting of the girl students under the garb of providing paternal love and affection to them. They always prefer to remain away from the Doctor.� (emphasis supplied) The enquiry officer concluded the report in the following terms: - Concluded the enquiry on the basis of the feed back from various female faculty members, officials and statements of girl students Doctor does sometimes resort to physical assaults, uses un-parliamentary/indecent tough language but it is not carried to the career of the students adversely. It will be proper if both Doctor Abdul Ahad and Kulbir are shifted from the department immediately and some other professor posted as Head of department but not Gulam Hassan (Presently in J.V.C.). Meanwhile a committee of at lest three officials may be composed for probing into the matter in detail.� 4. It is stated at the bar that pursuant to the enquiry report, the respondent namely Dr. Abdul Ahad Ganai, has been transferred from Govt. Medical College, Srinagar to SKIMS by an order dated: 06.07.2001 and he has been relieved from Govt. Medical College on the same day. 5. We have heard Mr. Z.A. Shah and Mr. M.I. Qadiri, Sr. AAG, who have been requested to assist the Court and Mr. M.A. Qayoom learned counsel for the respondent. Dr. Abdul Ahad. 6. Mr. Medical College, Srinagar to SKIMS by an order dated: 06.07.2001 and he has been relieved from Govt. Medical College on the same day. 5. We have heard Mr. Z.A. Shah and Mr. M.I. Qadiri, Sr. AAG, who have been requested to assist the Court and Mr. M.A. Qayoom learned counsel for the respondent. Dr. Abdul Ahad. 6. Mr. Z.A. Shah, Advocate, who has been requested to assist the Court, submits that considering the gravity of the allegations made in the complaint and the enquiry report submitted by the Enquiry Officer, the allegations made in the complaint have been substantially established and, therefore, it is a fit case for the appropriate Government to initiate action against the respondent Dr. Abdul Ahad in terms of Rule 31 of the Jammu and Kashmir Civil Services (Classification Control and Appeal) Rules, 1956. 7. As against this, it is contended by Mr. M.A. Qayoom, learned counsel for the respondent, Dr. Abdul Ahad Ganai, that the complaint filed against the respondent is fictitious, vexatious, lodged by a person due to personal grudge and enmity. According to Mr. Qayoom, learned counsel for the respondent, such complaint cannot be treated as Public Interest Litigation. In this connection Mr. Qayoom has referred to a decision of the Supreme Court rendered in case The Janata Dal, appellant Vs. H.S. Chowdhary and others, respondents (AIR 1993 SC 892) where the Apex Court has pointed out that Public Interest Litigation cannot be invoked by a person or body of persons to satisfy his or its personal grudge and enmity. It was further pointed out that the Court should discourage such petitions to show that cause of justice is not obstructed or polluted by unscrupulous litigants by invoking the extraordinary jurisdiction of the Court for personal matters under the garb of PIL. 8. The submission of Mr. Qayoom is clearly misconceived for more than one reasons. Firstly this Court after examining the gravity of allegations made in the complaint, has treated the complaint as a public interest litigation. Secondly, the graveness of the allegations is clearly amounted to violation of fundamental rights as enshrined in Article 14 and 21 of the Constitution. In AIR 1999 SC 625, Apparel Export Promotion Council Vs. Firstly this Court after examining the gravity of allegations made in the complaint, has treated the complaint as a public interest litigation. Secondly, the graveness of the allegations is clearly amounted to violation of fundamental rights as enshrined in Article 14 and 21 of the Constitution. In AIR 1999 SC 625, Apparel Export Promotion Council Vs. A.K. Chopra, the Apex Court while examining the incident of sexual harassment at the work place, pointed out as under: - Each incident of sexual harassment, at the place of work, results in violation of the Fundamental Right to Gender Equality and the Right to Life and Liberty the two most precious Fundamental Rights guaranteed in our Constitution are of sufficient amplitude to encompass all facts of gender equality, including prevention of sexual harassment and abuse and the Courts are under a constitutional obligation to protest and preserve those fundamental rights. That sexual harassment of a female at the place of work is incompatible with the dignity and honour of a female and needs to be eliminated and that there can be no compromise with such violations, admits of no debate.� 9. In our view the graveness of the allegations of sexual harassment of the female students by the respondent constitutes violation of precious personal liberty and rights of citizens enshrined under Article 14 and 21 of the Constitution and such allegation clearly falls within the vindication of their constitutional rights and clearly falls within the ambit of Public Interest Litigation. Also by the nature of the complaint, which is very delicate of superlative dimension, espousing and pursuing a regular case in the Court would expose them to the eye of public at the risk of lowering their prestige, honour, dignity and modesty in the estimation of public at large. The only alternative for them is to file a general complaint to the authorities to vindicate their fundamental rights, as is sought to be done in the facts of the case at hand. In such a situation if the complaint is not treated and entertained within the ambit of public interest litigation, the whole purpose for which the public interest litigation is espoused, will be set at naught and the purpose would stand frustrated. It is because of these reasons, the contention of Mr. In such a situation if the complaint is not treated and entertained within the ambit of public interest litigation, the whole purpose for which the public interest litigation is espoused, will be set at naught and the purpose would stand frustrated. It is because of these reasons, the contention of Mr. Qayoom, learned counsel for the respondent, that the complaint is vexatious and based on grudge and enmity and cannot be treated as PIL, is totally misconstrued and unacceptable. 10. We have already quoted the operative portion of the findings of the Enquiry Report, and, we are, of the clear view that a substance of allegations has been established against respondent Dr. Abdul Ahad. 11. Mr. M.A. Qayoom, learned counsel for the respondent, tried his utmost to show that the report is vitiated because the respondent was not allowed to participate in the proceedings. We are not, at all, convinced by this submission for more than one reasons. From annexure R-35 to the objections filed by the respondent, it appear that a notice of appearance before the enquiry officer has been issued to the respondent and his denial to the allegations also have been indicated in the enquiry report itself. Secondly the enquiry was not regular departmental enquiry where he can be given reasonable opportunity to defend himself. It was a fact finding body, and, legally speaking, such reasonable opportunity as would be available to him in the course of regular departmental enquiry, would not be available to him at the fact finding enquiry, which would vitiate the report. Reasonable opportunity will be made available to him as and when regular departmental enquiry is initiated against him. 12. Mr. M.A. Qayoom, learned counsel for the respondent, also pointed out that the enquiry referred to the alleged statement of one Dr. Shaheen in the enquiry report and submits that Mr. Shaheen is a student of Dr. Kuibir Kour, with whom the respondent is having a seniority dispute in a Court and. therefore, report is vitiated. According to the counsel, the statement cannot be accepted without the test of cross-examination. We have already pointed out that this opportunity would be made available to the respondent as and when the regular disciplinary proceedings are initiated against him. 13. Mr. M.A. Qayoom, learned counsel for the respondent has also referred to two senior Technicians namely, Sh. Mohd. According to the counsel, the statement cannot be accepted without the test of cross-examination. We have already pointed out that this opportunity would be made available to the respondent as and when the regular disciplinary proceedings are initiated against him. 13. Mr. M.A. Qayoom, learned counsel for the respondent has also referred to two senior Technicians namely, Sh. Mohd. Rajab and Bashir Ahmads statements in the enquiry report and submits that these two Senior Technicians have falsely deposed against the respondent as once the respondent had framed charge against them for accepting bribe and the statement is by way of vengeance and tainted malafide. This opportunity would also be made available to the respondent as and when the regular departmental enquiry will be initiated against him. At this stage, such contentions, therefore, has no substance. 14. Apart from the aforesaid submissions, there was a clear finding that some ten students of first year MBBS and seven of third year were called at random and the young girls, though quite reluctant initially to commenting regarding the affairs and complaints, have said in one voice that the complaints lodged are factual. These young students of first year MBBS and 3rd year MBBS, have absolutely no other extraneous interest either in the affairs of the respondent or the witnesses, except their own interest to protect the dignity and modesty as female students. As is presently advised, the statements of those students in the course of enquiry remain intact, of course subject to test at the time of regular departmental enquiry. 15. In the facts and circumstances stated above, in our view substance of allegations is being established to hold a regular departmental enquiry against the respondent by appointing an Enquiry Officer. We are also clearly of the view that considering the gravity of the allegations, which has shakened the student community and caused anxiety to the parents of the students, and in order to instill confidence of the people and to protect the purity of the institution from being polluted a regular departmental enquiry into the allegations is immediately warranted. 16. Accordingly this petition is disposed of with the following directions: - a) The appropriate authorities, namely, the Chief Secretary to J&K Government and Principal Secretary to Government, Health and Medical Education Department, J&K Government, shall immediately appoint an Enquiry Officer to enquire into the conduct of the respondent. 16. Accordingly this petition is disposed of with the following directions: - a) The appropriate authorities, namely, the Chief Secretary to J&K Government and Principal Secretary to Government, Health and Medical Education Department, J&K Government, shall immediately appoint an Enquiry Officer to enquire into the conduct of the respondent. Needless to say that the reasonable opportunity, as enshrined under Article 311, shall be afforded to him. The Enquiry Officer shall be appointed within a period of one month from the date of receipt of this order and such enquiry shall be completed within a period of three months from the date of appointment of the Enquiry Officer. If for any reasons the enquiry cannot be completed within the stipulated time, it is open for the appropriate Government to seek for extension of time. b) Considering the gravity of the allegations the appropriate authorities shall consider invoking of Clause (1) (a) of Rule 31 of the Jammu and Kashmir Civil Services (Classification Control and Appeal) Rules, 1956. c) Before parting with the record we may also observe here that if the enquiry could not be completed within the stipulated time, or extended time, as the case may be, because of non-cooperation of the respondent, the report submitted by the Enquiry Officer even after the expiry of extended period, would not be vitiated on the ground of delay.