HC sets aside 50% pension withholding penalty for sexual harassment due to procedural violations and natural justice breaches

The HC allowed the petition challenging a penalty of withholding 50% monthly pension permanently imposed on the petitioner for sexual harassment. The court found multiple procedural violations: the inquiry committee considered a complaint dated 18.09.2012 without proper authorization beyond the original 30.08.2011 complaint; the petitioner was not formally asked to plead guilty to the additional allegations; the committee acted as both prosecutor and adjudicator by conducting examination-in-chief; and the findings were based on surmises rather than evidence. The court held that fairness in disciplinary proceedings requires adherence to natural justice principles, and the inquiry officer cannot travel beyond authorized charges. The penalty order was set aside.

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Issues Involved:

1. Validity of the Central Administrative Tribunal (CAT) judgment dated 03.07.2015.
2. Legality of the penalty order dated 05.01.2016 withholding 50% of the petitioner’s monthly pension.
3. Procedural propriety in the constitution and functioning of the Central Legal Complaint Committee (CCC).
4. Compliance with Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
5. Adherence to principles of natural justice and fairness in the inquiry process.
6. Legitimacy of the complaint dated 30.08.2011 and subsequent complaints.
7. Examination of evidence and findings by the CCC.

Detailed Analysis:

1. Validity of the CAT Judgment:

The petitioner challenged the CAT judgment dated 03.07.2015, which dismissed his Original Application (O.A. 181/2013). The CAT directed the respondents to complete the departmental proceedings within four months. The petitioner argued that the CAT failed to consider procedural irregularities and violations of natural justice in the inquiry process.

2. Legality of the Penalty Order:

The penalty order dated 05.01.2016 imposed a permanent withholding of 50% of the petitioner’s monthly pension. This penalty was rooted in a complaint of sexual harassment dated 30.08.2011 by Smti. Sunita Singha. The petitioner contended that the penalty was imposed without a proper disciplinary proceeding and in violation of Rule 14 of the Rules of 1965.

3. Procedural Propriety in the Constitution and Functioning of the CCC:

The petitioner argued that the CCC was improperly constituted and that the earlier Frontier Level Complaint Committee (FLCC) report was annulled on specious grounds. The CCC was formed with Smti. B. Radhika as Chairperson and included members from SSB and an Associate Professor from Jawaharlal Nehru University. The petitioner contended that the CCC's inquiry was biased, lacked a Presenting Officer, and denied him the assistance of a Defence Assistant.

4. Compliance with Rule 14 of the Rules of 1965:

The petitioner argued that Rule 14 was violated as no Charge-sheet was served, and he was not given an opportunity to submit a detailed written statement. The respondents contended that the complaint itself was treated as the Charge-sheet, and the CCC was deemed the inquiring authority as per the amended Rule 14(2).

5. Adherence to Principles of Natural Justice and Fairness:

The petitioner claimed gross procedural irregularities and bias in the CCC proceedings. He was not given adequate time to engage a Defence Assistant, and the CCC conducted the examination-in-chief of witnesses. The court noted that the CCC played the role of prosecutor, which vitiated the proceedings.

6. Legitimacy of the Complaint Dated 30.08.2011 and Subsequent Complaints:

The complaint dated 30.08.2011 contained allegations of sexual harassment, which were later supplemented by a complaint dated 18.09.2012. The petitioner argued that the latter complaint could not be entertained for the disciplinary proceeding. The court observed that the CCC could not have entertained the 18.09.2012 complaint without proper entrustment.

7. Examination of Evidence and Findings by the CCC:

The court found that the CCC's findings were based on conjectures rather than evidence. The CCC accepted allegations without corroborative evidence, such as call records. The court noted that the CCC failed to consider the context of the threatening message and the subsequent lodging of the ejahar by the petitioner.

Conclusion:

The court concluded that the order dated 05.01.2016 imposing the penalty on the petitioner could not be sustained in law. The court set aside and quashed the penalty order and directed the respondents to release the withheld monthly pension within three months. The writ petition was allowed, emphasizing the need for adherence to procedural fairness and natural justice in disciplinary proceedings.

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