The Gauhati High Court has granted significant interim relief to Dr. Achyut Baishya, the Principal of Gauhati Medical College and Hospital (GMCH), by staying a notice issued by a Local Committee under the POSH Act. The notice had directed Dr. Baishya to appear in connection with a sexual harassment inquiry, but the court’s intervention pauses these proceedings until the next hearing scheduled for May 29, 2026.
The Procedural Challenge to Legal Maintainability
Dr. Baishya approached the court with a writ petition against the Assam government and various departments, arguing that the current inquiry is not legally maintainable.
The core of his legal challenge rests on the argument that because GMCH has a constituted Internal Complaints Committee (ICC), any harassment complaints must be routed through that specific body rather than a Local Committee. By bypassing the ICC, the petitioner contends that the notice issued on April 27, 2026, violated established legal procedures.
Arguments Over the Limitation Period
In addition to the jurisdictional issue, senior counsel for the petitioner highlighted significant timeline discrepancies under Section 9 of the POSH Act. The court was informed that the allegations pertain to incidents occurring between November 2022 and July 2025.
The petitioner argues that the complaint is time-barred, as it was not filed within the legally stipulated period following the alleged incidents. To support this, the counsel cited a Supreme Court judgment emphasizing the mandatory nature of these limitation periods.
Context of the Workplace Harassment Allegations
The legal battle follows serious allegations made by a senior woman doctor at GMCH, an Associate Professor and former Head of the Department of Clinical Psychology. In a complaint submitted to the Chief Minister’s Office on February 6, she alleged a pattern of inappropriate remarks, intimidation, and sustained professional harassment.
She specifically detailed feeling uncomfortable after being pressured to meet the principal alone in his office and noted that their interactions were documented via WhatsApp messages. While the POSH committee notice is currently stayed, a separate police FIR has been registered and a government inquiry committee is also investigating the matter.
