TaxTMI 
TaxTMI 
2023 (5) TMI 1252
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....p; (a) Article 309: Conditions of Service 17 (b) Article 310 : Doctrine of Pleasure 18 (c) Article 311 : A Manifestation of the Principles of Natural Justice 19 G. Article 14 : Bedrock of the Principles of Natural Justice 20-21 H. The Twin Anchors : Nemo Judex In Cause Sua and Audi Alteram Partem 21-26 I. Fair Action and Impartiality in Service Jurisprudence 26-29 J. The Statutory Regime 29-31 (a) Goa University Statute 29 (b) CCS (CCA) Rules 29-30 (c) Pragmatic Application of the "As far as is practicable" Rule 30-31 K. Journey from "Vishaka" Case to the Posh Act 31-38 (a) Vishaka Guidelines: Filling in the vacuum 31-33 (b) Medha Kotwal Lele's case : Follow up through continuing mandamus 33-36 (c) Enactment of the Posh Act and Rules 36-37 (d) Breathing Reasonableness into the Procedural Regime 37-38 L. Analysis and Discussion 38-49 (a) Scope of interference by the High Court in Judicial Review 39-40 ....
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.... and to appear before it for a personal hearing on 24th April, 2009, a date that was subsequently changed to 27nd April, 2009. Contemporaneously, the Registrar of the Respondent No. 2 - University directed the Appellant to hand over charge and proceed on leave till the conclusion of the inquiry. 3. The Appellant furnished a detailed reply to the Committee, running into fifty-three pages wherein he raised some preliminary objections to the inquiry being conducted by the Committee, alleged a well-organized conspiracy against him by some wayward students in connivance with the members of the faculty and refuted the contents of fourteen depositions of girl students forwarded to him by the Committee. He concluded by stating that the charges of sexual harassment levelled against him were completely false and baseless. The Appellant also addressed a letter to the Registrar seeking removal of two Members of the Committee on the ground of bias and on a plea that being his subordinates, they were prone to bias. 4. The Committee called the Appellant for a hearing on 27th April, 2009. It was alleged by the Appellant that the deposition of all the complainants including the witness named ....
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....me, as requested, was however declined by the Committee. 9. In the meantime, vide letter dated 13th May, 2009, the Appellant applied to the Respondent No. 2 - University seeking voluntary retirement on health grounds. However, the said application was withdrawn by him on 18th May, 2009. On the same date, an advocate engaged by the Appellant's brother issued a notice to the Respondents No. 2 and 3 seeking extension of time by one month for the Appellant to appear before the Committee. 10. In its letter dated 20th May, 2009, the Committee noted that though the Appellant had failed to appear before it on 19th May, 2009 for recording his further deposition, he was being granted one last opportunity to present himself on 23rd May, 2009, for completing his deposition and for cross-examining the witness including the complainants. Alongside, six more depositions were forwarded to the Appellant, seeking his reply by 22nd May, 2009. 11. The Appellant addressed yet another letter Dated 22nd May, 2009 to the Committee expressing his inability to attend the proceedings on 23rd May, 2009, on health grounds and requested for postponement of the proceeding by 3-4 weeks. However, his ....
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....spond. 15. On 15th October, 2009 the EC appointed a former Judge of the Bombay High Court to conduct an inquiry into the charges framed against the Appellant and he was informed that the Inquiry Officer will hold a preliminary inquiry into the charges framed against him on 9th November, 2009. The first sitting of the Inquiry Committee conducted on 9th November, 2009, was duly attended by the Appellant and his Advocate. The second meeting was scheduled on 7th December, 2009 on which date when the Presenting Officer appearing on behalf of the Respondent No. 2 - University referred to the judgment dated 26th March, 2004, passed by this Court in the case of Medha Kotwal Lele and Ors. v. Union of India and Ors. (2013) 1 SCC 297 and the amendment Dated 1st July, 2004 to the proviso to Rule 14(2) of the CCS (CCA) Rules that provides that where there is a complaint of sexual harassment within the meaning of Rule 3C of the Central Civil Services (Conduct) Rules, 1964 CCS (Conduct) Rules, the Complaints Committee shall be deemed to be the inquiring authority for the purpose of imposing major penalties, the Inquiry Officer decided to keep the inquiry in abeyance, so as to ascertain as to w....
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....anted ample opportunities to the Appellant to cross-examine the complainants and the witnesses, but he had deliberately elected not to appear before it. In such circumstances, the Committee could not be blamed for proceeding ex-parte against him and submitting its Report. It was also held that the Committee was justified in discarding the medical certificates submitted by the Appellant as he kept on making flimsy excuses to stay away from the enquiry proceedings. The plea of the Appellant that the Committee was improperly constituted or its composition was questionable as it comprised of persons who were junior to him in the Department, was rejected as meritless. Further, the contention that the enquiry had been conducted with undue haste, without giving a fair and reasonable opportunity to the Appellant to defend himself, was also turned down. As a result, the High Court did not see any merits in the said writ petition which was dismissed holding that there was no breach of the principles of natural justice and the Service Rules in the case. E. ARGUMENTS ADVANCED BY COUNSEL FOR THE PARTIES: (a) COUNSEL FOR THE APPELLANT 20. Arguing on behalf of the Appellant, Mr. Bishwaje....
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....ted by the Respondents and no charges were framed by the first Committee till the date it had submitted its Report Vide letter dated 5th June, 2009 and that the Articles of Charge that were framed by the Respondents vide Memorandum dated 8th September, 2009, were subsequently dropped and the inquiry ordered was abandoned in favour of the Report submitted by the first Committee which was only a fact finding report that could not have been relied on as a final inquiry, particularly when it entailed serious consequences. Learned Senior Counsel cited a decision of a learned Single Judge of the Delhi High Court in Sandeep Khurana v. Delhi Transco Ltd. and Ors. ILR 2006 (11) Del 1313 and of a Single Judge of the Karnataka High Court in Professor Giridhar Madras v. Indian Institute of Science represented by Chairman and Ors. (2019) SCC Online Kar 3508 to urge that the Report of the Committee could not be equated with the report of an Inquiry officer, as contemplated in the procedure prescribed in Rule 14 of the CCS (CCA) Rules. This non-adherence to the procedure prescribed has caused grave injustice to the Appellant, it being a serious infraction of the principles of natural justice. All....
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....o the Registrar on 5th June, 2009. It was thus sought to be argued that the situation would not have changed in any manner had another opportunity been afforded to the Appellant, as requested by him vide letter dated 4th June, 2009. In this context, the attention of the Court was drawn to the proviso to Rule 14(2) of the CCS (CCA) Rules, which enjoins the Complaints Committee to hold an inquiry into the complaint of sexual harassment, "as far as practicable", in accordance with the procedure laid down in the Rules. The decision of the Division Bench of the Delhi High Court in Avinash Mishra v. Union of India 2014 SCC Online Del 1856 has been cited to justify the stand of the Respondents that the expression "as far as practicable" itself indicates that the Committee is vested with the discretion not to strictly follow the entire procedure as long as the officer charged has been afforded adequate opportunity to explain his stand in respect of the complaint and the relevant material has been disclosed to him. 25. Learned Counsel for Respondents No. 2 and 3 went on to state that the Committee had afforded adequate opportunities to the Appellant to cross-examine the witnesses, produc....
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....in accordance with the Rules. It was submitted that the EC had made a bona fide error by appointing an Inquiry Authority to inquire into the charges framed against the Appellant and the said decision to recall the order dated 15th October, 2009 was duly communicated to the Appellant on 15th December, 2009. Only thereafter, did the EC issue a fresh Memorandum dated 17th February, 2010 to the Appellant calling upon him to submit his representation on the decision to accept the Report submitted by the Committee and impose on him, a major penalty of dismissal from service. 27. It was thus submitted that no prejudice was caused to the Appellant and the Committee had observed the principles of natural justice "as far as was practical", in the given facts and circumstances of the case. Adequate opportunity was afforded to the Appellant not just by the Committee, but also by the Disciplinary Authority and the Appellate Authority before taking any action against him. Therefore, this was not a case of "no opportunity" or "no hearing" but a case of "adequate opportunity" and "fair hearing" afforded to the Appellant before imposing a major penalty of dismissal from service on him, as specif....
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....rnment servants subject to the pleasure of the President or the Governor of a State except as expressly provided for by the Constitution. This Article is analogous to the rights of the Crown in England where all public officers and servants of the Crown are appointed at the pleasure of the Crown and their services can be terminated at will, without assigning any cause Union of India and Anr. v. Tulsi Ram Patel, (1985) 3 SCC 398. That is the reason why the tenure of the Government servant is subject to the pleasure of the President or the Governor of a State, except as expressly provided for under the Constitution. All members of such services who receive their stipend from the public exchequer, whether at the top of the hierarchy or at the very bottom, are finally answerable to the public and expected to discharge their duties responsibly, efficiently, effectively and above all, for the higher good of the public. It can, therefore, be seen that though the origin of Government servants may be contractual, once appointed to the post or office, they acquire a status and their rights and obligations are no longer determined by the consent of both the parties, but are governed by the St....
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....ld such inquiry as is referred to in Clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final. 32. To provide a sense of security of tenure to Government servants, the Framers of the Constitution have incorporated safeguards in respect of the punishment or dismissal or removal or reduction in their rank as provided for in Clauses (1) and (2) of Article 311. At the same time, being mindful of the very same public interest and public good which does not permit that Government servants found to be corrupt, dishonest or inefficient be continued in service, a remedy is provided under the second proviso to Clause (2) of Article 311 whereunder their services can be dispensed with, without conducting a disciplinary inquiry. 33. Thus, the golden thread that weaves through Articles 309, 310 and 311 is public interest, directed towards larger public good. Together, they form a triad and symbolize the overarching Doctrine of Public Policy. G. ARTICLE 14: BEDROCK OF THE PRINCIPLES OF NATURAL JUSTICE 34. Principles of natural justice that are reflected in Article 311, are not an empty incantation. They form t....
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....y procedure that is established by law, but only by procedure that is just, fair and reasonable. Quoting the audi alteram partem Rule and equating it with "fair play in action", Justice P.N. Bhagwati (as he then was) had authored the judgment for the majority and had observed that: 14. ......The audi alteram partem Rule is not cast in a rigid mould and judicial decisions establish that it may suffer situational modifications. The core of it must, however, remain, namely, that the person affected must have a reasonable opportunity of being heard and the hearing must be a genuine hearing and not an empty public relations exercise. That is why Tucker, L.J., emphasised in Russel v. Duke of Norfolk 1949 1 ALL ER 109 that "whatever standard of natural justice is adopted, one essential is that the person concerned should have a reasonable opportunity of presenting his case". What opportunity may be regarded as reasonable would necessarily depend on the practical necessities of the situation. It may be a sophisticated full-fledged hearing or it may be a hearing which is very brief and minimal: it may be a hearing prior to the decision or it may even be a post- decisional remedial ....
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.... Rules and Regulations. Moreover, the Rule of Law which permeates our Constitution demands that it has to be observed both substantially and procedurally Rule of law posits that the power is to be exercised in a manner which is just, fair and reasonable and not in an unreasonable, capricious or arbitrary manner leaving room for discrimination...... [emphasis added] xxx xxx xxx 316. Thus it could be held that Article 14 read with Article 16(1) accords right to an equality or an equal treatment consistent with the principles of natural justice. Any law made or action taken by the employer, corporate statutory or instrumentality Under Article 12 must act fairly, justly and reasonably. Right to fair treatment is an essential inbuilt of natural justice. Exercise of unbridled and uncanalised discretionary power impinges upon the right of the citizen; vesting of discretion is no wrong provided it is exercised purposively judiciously and without prejudice. Wider the discretion, the greater the chances of abuse. Absolute discretion is destructive of freedom than of man's other inventions. Absolute discretion marks the beginning of the end of the liberty. The conferm....
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...., independent of the outcome. In compliance with this line of thought, the courts have read the principles of natural justice into an enactment to save it from being declared unconstitutional on procedural grounds. Secondly, natural justice principles breathe reasonableness into the procedure. Responding to the argument that the principles of natural justice are not static but are capable of being moulded to the circumstances, it was held that the core of natural justice guarantees a reasonable procedure which is a constitutional requirement entrenched in Articles 14, 19 and 21. The facet of audi alteram partem encompasses the components of notice, contents of the notice, reports of inquiry, and materials that are available for perusal. While situational modifications are permissible, the Rules of natural justice cannot be modified to suit the needs of the situation to such an extent that the core of the principle is abrogated because it is the core that infuses procedural reasonableness. The burden is on the applicant to prove that the procedure that was followed (or not followed) by the adjudicating authority, in effect, infringes upon the core of the right to a fair and reasonab....
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....ute is silent and there are no positive words in the Act or the Rules made thereunder, principles of natural justice must be observed. This is what the Court has held: 10....Where the statute is silent about the observance of the principles of natural justice, such statutory silence is taken to imply compliance with the principles of natural justice where substantial rights of parties are considerably affected. The application of natural justice becomes presumptive, unless found excluded by express words of statute or necessary intendment. (See Swadeshi Cotton Mills v. Union of India (1981) 1 SCC 664) Its aim is to secure justice or to prevent miscarriage of justice. Principles of natural justice do not supplant the law, but supplement it. These Rules operate only in areas not covered by any law validly made. They are a means to an end and not an end in themselves..... 43. In Tulsiram Patel's case (supra), observing that violation of the Rules of natural justice would result in arbitrariness which would amount to discrimination, the Constitution Bench made the following observations: 95. The principles of natural justice have thus come to be recognized as b....
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....h is implicitly made part of the guarantee contained in Article 14 as a result of the interpretation placed upon that Article by recent decisions of this Court. Clause (2) of Article 311 requires that before a government servant is dismissed, removed or reduced in rank, an inquiry must be held in which he is informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges....... [emphasis supplied] At the same time, a note of caution was added in the captioned case and the Court observed that the Rules of natural justice are neither statutory Rules nor are they cast in stone. They are flexible and can be adapted and modified by statutes, depending on the exigencies of different situations, the facts and circumstances of the case and the framework of the law Also refer: A.K. Kraipak and Ors. v. Union of India and Ors. (1969) 2 SCC 262 and Union of India v. Col. J.N. Sinha and Anr. (1970) 2 SCC 458. 44. In Swadeshi Cotton Mills v. Union of India (1981) 1 SCC 664, in his dissenting judgment, Justice O. Chinnappa Reddy, had made the following pertinent observations: 106. The principles of natural justice have taken deep....
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....ental action, the teachers shall be governed under the CCS (CCA) Rules, 1965, Fundamental Rules and Supplementary Rules as applicable to the employees of the Goa Government. (b) CCS (CCA) RULES: 47. The CCS (CCA) Rules mentioned above, have been enacted by the President of India in exercise of the powers conferred by the proviso to Article 309 and Clause 5 of Article 148 of the Constitution of India. Part VI of the CCS (CCA) Rules lays down the procedures for imposing penalties. Rule 3(C) has been incorporated in the CCS (CCA) Rules vide GSR 49 dated 7th March, 1998 and subsequently, vide GSR 823 (E) dated 19th November, 2014. The said provision states as follows: 3C. Prohibition of sexual harassment of working women (1) No Government servant shall indulge in any act of sexual harassment of any women at any work place. (2) Every Government servant who is incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at the work place. Explanation - (1) For the purpose of this Rule - (a) "sexual harassment" includes any one or more of the following acts or behaviour (whether directly or by implication), namel....
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....he joints available to the Complaints Committee to adopt a fair procedure that is feasible and elastic for conducting an inquiry in a sensitive matter like sexual harassment at the workplace, without compromising on the principles of natural justice. Needless to state that the fact situation in each case will vary and therefore no set standards or yardstick can be laid down for conducting the inquiry in complaints of this nature. However, having regard to the serious ramifications with which the delinquent employee may be visited at the end of the inquiry, any discordant note or unreasonable deviation from the settled procedures required to be followed, would however strike at the core of the principles of natural justice, notwithstanding the final outcome. K. JOURNEY FROM "VISHAKA" CASE TO THE POSH ACT (a) VISHAKA GUIDELINES: FILLING IN THE VACUUM: 50. The occasion to amend Rule 14(2) of the CCS (CCA) Rules and append a proviso thereto was a direct consequence of judicial intervention by this Court in the case of Vishaka (supra), where the powers vested Under Article 32 of the Constitution of India were exercised by a three-Judge Bench to enforce the fundamental rights of....
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....TINUING MANDAMUS: 51. After Vishaka's case (supra), came the case of Medha Kotwal Lele and Ors. v. Union of India and Ors. (2013) 1 SCC 311 (supra) where a grievance was raised by several Petitioners that the Complaints Committees directed to be constituted in terms of the Guidelines laid down by this Court, had not been established to deal with cases of sexual harassment. Treating the said petition as a Public Interest Litigation, notices were issued to several parties including the Union of India and the State Governments and the following directions were issued: 2......"Complaints Committee as envisaged by the Supreme Court in its judgment in Vishaka case SCC at para 53, will be deemed to be an inquiry authority for the purposes of the Central Civil Services (Conduct) Rules, 1964 (hereinafter called the CCS Rules) and the report of the Complaints Committee shall be deemed to be an inquiry report under the CCS Rules. Thereafter the disciplinary authority will act on the report in accordance with the Rules. A similar amendment was also directed to be carried out in the Industrial Employment (Standing Orders) Rules. 52. On 17th January, 2006, in the very same ....
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....his regard: 43. As the largest democracy in the world, we have to combat violence against women. We are of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by Parliament and the State Legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence- domestic violence, sexual assault, sexual harassment at the workplace, etc.-and provide new initiatives for education and advancement of women and girls in all spheres of life. After all they have limitless potential. Lip service, hollow statements and inert and inadequate laws with sloppy enforcement are not enough for true and genuine upliftment of our half most precious population-the women. 44. In what we have discussed above, we are of the considered view that guidelines in Vishaka should not remain symbolic and the following further directions are necessary until legislative enactment on the subject is in place: 44.1. The States and Union Territories which have not yet carried out adequate and appropriate amendments in their respective Civil Services C....
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....all ensure that the organisations, bodies, associations, institutions and persons registered/affiliated with them follow the guidelines laid down by Vishaka. To achieve this, necessary instructions/circulars shall be issued by all the statutory bodies such as the Bar Council of India, Medical Council of India, Council of Architecture, Institute of Company Secretaries within two months from today. On receipt of any complaint of sexual harassment at any of the places referred to above the same shall be dealt with by the statutory bodies in accordance with Vishaka and Ors. v. State of Rajasthan and Ors. (1997) 6 SCC 241, guidelines and the guidelines in the present order. (c) ENACTMENT OF THE PoSH ACT AND RULES: 54. After the passage of fifteen years from the date of the verdict delivered in Vishaka's case (supra), the PoSH Act, was legislated on 22nd April, 2013 and finally notified on 9th December, 2013. The Act lays down a comprehensive mechanism for constitution of Internal Complaints Committee, Local Committee and Internal Committees, the manner of conducting an inquiry into a complaint received, duties of an employer, duties and powers of the District Officer and other....
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....iry that can culminate into imposition of a major penalty like termination of service of an employee, must doubly conform to a just, fair and reasonable procedure. Any displacement of the principles of natural justice can only be in exceptional circumstances, as contemplated in the proviso to Article 311(2) of the Constitution of India and not otherwise. Wherever the Rules are silent, principles of natural justice must be read into them and a hearing be afforded to the person who is proposed to be punished with a major penalty State Bank of India and Ors. v. Ranjit Kumar Chakraborty and Anr. (2018) 12 SCC 807. 56. The four predominant purposes sought to be achieved by reading the principles of natural justice into law and into the conduct of judicial and administrative proceedings to achieve the underlying object of securing fairness have been concisely expressed by this Court as an assurance of a fair outcome by following the procedural Rules, an assurance of equality in the proceedings, legitimacy of the decision and decision- making authority thereby preserving the integrity of the system and finally, with the idea of preserving the dignity of individuals where citizens are t....
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....e Disciplinary Authority is the sole judge of facts and once findings of fact, based on appreciation of evidence are recorded, the High Court in its writ jurisdiction should not normally interfere with those factual findings unless it finds that the recorded findings were based either on no evidence or that the findings were wholly perverse and/or legally untenable. The Court is under a duty to satisfy itself that an inquiry into the allegations of sexual harassment by a Committee is conducted in terms of the service Rules and that the concerned employee gets a reasonable opportunity to vindicate his position and establish his innocence Dr. Vijaykumaran C.P.V. v. Central University of Kerala and Ors. (2020) 12 SCC 426. (b) EXTENT OF ADHERENCE TO THE "AS FAR AS PRACTICABLE" NORM 60. Assuming as correct, the submission made by learned Counsel for the Respondents No. 2 and 3 that the Committee was not bound to strictly follow a step by step procedure for conducting an inquiry having due regard to the proviso to Rule 14(2) of the CCS (CCA) Rules that permits a Committee to enquire into a complaint of sexual harassment 'as far as practicable', in accordance with the proced....
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....y verification of the complaints by recording the statements of the concerned students. Till then, no specific Articles of Charge were framed by the Committee and no imputation of charges were forwarded to the Appellant. At the same time, copies of all the complaints received and the statements recorded were forwarded directly to the Appellant calling upon him to explain the charges levelled against him. 63. The plea of the Appellant that the Committee understood the remit of its inquiry as a 'fact-finding proceeding', can be discerned from the contents of the letters dated 17th March 2009 and 20th April 2009 addressed to the Appellant. The impression carried by the Committee that it was only required to submit a fact- finding report to the University was no different for the EC as is borne out from a perusal of the Memorandum dated 8th September 2009, issued by the Chairman of the EC who, after receiving the Committee's Report, informed the Appellant that an inquiry was proposed to be conducted against him Under Rule 14 of the CCS (CCA) Rules. This was the first time when the Respondents informed the Appellant that the EC had decided to follow the procedure prescrib....
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....n error had crept into the previous letter and informing the Appellant that the date for filing his reply should be read as '12th May 2009' and the date for recording further depositions should be read as '14th May, 2009', thus moving the dates back by a whole month. Another egregious example of the hurry and scurry shown by the Committee can be gathered from the fact that on 20th May 2009, the Committee had written to the Appellant giving him a last opportunity to present himself on 20th May 2009, not only to complete his deposition, but also to cross- examine the complainants and other witnesses. Simultaneously, the Committee forwarded six more depositions to the Appellant and directed him to furnish his reply within 48 hours i.e. by 22nd May, 2009. 66. Even if this Court was to accept the submission made by learned Counsel for the Respondents that the Appellant was offering flimsy excuses to somehow prolong the proceedings and the health ground taken by him was not genuine, it does not explain the approach of the Committee which was well aware of the fact that at least six more depositions had been handed over to the Appellant as late as on 20th May 2009. Even....
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....es of Charge and the imputation of charges and further appointed a Former Judge of the High Court as an Inquiry Officer to conduct the inquiry in terms of the Rules. Respondent Nos. 2 and 3 got wiser only when the said proceedings commenced and the Inquiry Officer was appraised of the directions issued in Medha Kotwal's case where it had been clarified by this Court that the Complaints Committee contemplated in Vishaka's case (supra), will be deemed to be an Inquiry Authority for the purposes of the CCS (Conduct) Rules and its report shall be deemed to be a Report under the CCS (CCA) Rules. 69. When the employer itself was oblivious to the remit of the Committee and the Committee remained under the very same impression having described its proceedings as fact-finding in nature, it was all the more incumbent for the Respondents to have paused on receiving the Report of the First Committee and verify the legal position before taking the next step. In all this back and forth, it was the procedure prescribed Under Rule 14 for conducting an inquiry of sexual harassment at the workplace that came to be sacrificed at the alter of expeditious disposal, which can neither be justi....
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....gainst him and knew what he had to state in his defence. Given the above position, non-framing of the articles of charge cannot be said to be detrimental to the interest of the Appellant. 73. In fact, the glaring defects and the procedural lapses in the inquiry proceedings took place only thereafter, in the month of May, 2009, when 12 hearings, most of them back-to-back, were conducted by the Committee at a lightning speed. On the one hand, the Committee kept on forwarding to the Appellant, depositions of some more complainants received later on and those of other witnesses and called upon him to furnish his reply and on the other hand, it directed him to come prepared to cross-examine the said complainants and witnesses as also record his further deposition, all in a span of one week. Even if the medical grounds taken by the Appellant seemed suspect, the Committee ought to have given him reasonable time to prepare his defence, more so when his request for being represented through a lawyer had already been declined. It was all this undue anxiety that had led to short-circuiting the inquiry proceedings conducted by the Committee and damaging the very fairness of the process. ....
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....ice. (vii) The Rules applied will be as were applicable at the relevant point of time. (viii) The decision taken by the Committee and the Disciplinary Authority shall be purely on merits and in accordance with law. (ix) The Appellant will not be entitled to claim immediate reinstatement or back wages till the inquiry is completed and a decision is taken by the Disciplinary Authority. N. EPILOGUE 76. Just as we celebrate a decade of the PoSH Act being legislated, it is time to look back and take stock of the manner in which the mandate of the Act has been given effect to. The working of the Act is centred on the constitution of the Internal Complaints Committees (ICCs) by every employer at the workplace and constitution of Local Committees(LCs) and the Internal Committees(ICs) by the appropriate Government, as contemplated in Chapters II and III, respectively of the PoSH Act. An improperly constituted ICC/LC/IC, would be an impediment in conducting an inquiry into a complaint of sexual harassment at the workplace, as envisaged under the Statute and the Rules. It will be equally counterproductive to have an ill prepared Committee conduct a half-baked ....
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....ctors. If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality. If the authorities/managements/employers cannot assure them a safe and secure work place, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt. It is, therefore, time for the Union Government and the State Governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms. O. DIRECTIONS 79. To fulfil the promise that the PoSH Act holds out to working women all over the country, it is deemed appropriate to issue the following directions: (i) The Union of India, all State Governments and Union Territories are directed to undertake a time bound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act. ....