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2023 (11) TMI 1235
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....3 Whether the Central Complaints Committee could have put questions to the witnesses in a departmental inquiry? i) "Fact Finding" Authority in Disciplinary Proceedings E.4 Whether the Central Complaints Committee based its findings on conjectures and surmises? Whether the case on hand is one of "no evidence"? i) Principle of "No Evidence" in Service Jurisprudence ii) Standard of Proof in Disciplinary Proceedings F. CONCLUSION The Registry is directed to anonymize the name of the complainant in this Judgment, all orders that have been passed as well as in the records which are publicly available. 1. This appeal is at the instance of the Union of India and others being the unsuccessful Respondents before the High Court and is directed against the judgment and order dated 15.05.2019 passed by the Gauhati High Court in Writ Petition (C) No. 7876 of 2015 by which the High Court allowed the writ petition filed by the Respondent herein (original Petitioner) and thereby set aside the order of penalty of withholding of 50% pension for all times to come, imposed upon the Respondent herein in connection with the disciplinary proceedings initiated on the allegations of sex....
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....en entrusted the task of receiving telephones and Mobiles in the Control Room, CAP, Training, Sports. Then I was the only female employee in the Office. 2. Having just started discharging my duties devotedly the A.O. Mr. Dilip Paul started teasing me tactically. He started making phone calls to me sometimes at night using unofficial and multimeaninged word. Even he went to the extent of visiting my residence where I stay alone with two of my children as my husband is a state Government employee in Manipur. 3. Sometimes CAP work needs close working with the officers. Taking the advantage he used to call me in his room and started teasing indirectly and unnecessarily makes me sit for hours. One day he went to the extent of saying "If you want to work happily in my office, then agree to my saying. 4. I have been tolerating his acts since the last two and half years. I could neither inform my husband nor lodge any written complaint against such acts as it will be difficult to give evidence. Unable to bear the situation I have verbally complaint to the then DIG Shri S.C. Katoch over Telephone in May, 2010 about Mr. Paul uncivilized altitude. The DIG did a favo....
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....e. Further most of them stated that due to reasons best known to Shri Paul, Area Organiser, she was not allotted with any work for about 3 months before her release on transfer to Ftr. Hqrs. Ghy. and hence she was often seen depress. On the other hand, in his written statement Shri Dilip Paul, Area Organiser pointed out that she was found even unfit in any kind of assignment, and therefore, she was not assigned with any work just before her transfer i.e. from 18-08-11. But it is also duty of supervisory officer as administrator and manager to somehow motivate his sub-ordinate staff and take work from them. In the case of Smt. X, FA(Lady), Shri Dilip Paul, Area Organiser, is found to have failed to motivate her and get work from her. Regarding allegation of tactical and indirect teasing and making her to sit in the office chamber of Area Organiser, hours together, none of the staff have stated to have ever seen such situation in the office. Hence the allegation of direct/indirect teasing and harassments to Smt. X, FA(L) by Shri Dilip Paul could not be ascertained. However, since Smt. X referred the case to National Women Rights Commission, New Del....
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....s he used to be rude to get the work done within the time limit, from some of the subordinate staff. It is further observed that there is no cordial inter personal relation between Shri P.B. Gohain, SAO, Shri K. Siga, SAO, Shri J. Singh, UDC and Area Organiser, Shri Dilip Paul. Therefore, these officers/officials may be shifted out in order to bring back cordial working atmosphere in the Area Office. At the same time, Shri Dilip Paul, Area Organiser may be advised to improve upon his man management, administration and other official dealings, skills and tactics with his sub-ordinate staff to bring back congenial atmosphere in the office. Yours faithfully Sd/- Deputy Inspector General Sector Hqrs. SSB, Tezpur A.2 Frontier Complaints Committee's Inquiry Report 5. Simultaneously, a Frontier Complaints Committee comprising of three women members was constituted by the IG, Frontier HQ, Guwahati to inquire into the allegations of sexual harassment levelled by the complainant in her first complaint dated 30.08.2011. The Frontier Complaints Committee upon completion of the inquiry, submitted its report dated 17.01.2012 to the Frontier Headquarters SSB, New De....
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.... 9. Accordingly, the Central Complaints Committee undertook the inquiry, and in the preliminary hearing held on 27.09.2012, it decided to treat the complaint as the charge-sheet in view of the fact that no specific charges were framed against the Respondent. The Respondent was provided with all the relevant documents including the original copy of the first complaint dated 30.08.2011. After, confirming with the Respondent as regards the receipt of all relevant documents, the Central Complaints Committee inquired with the Respondent whether he pleaded guilty to the charges or not. The Respondent pleaded not guilty and categorically denied the charges levelled against him. The relevant portion of the Central Complaints Committee's Report reads as under: VI. CHARGES WHICH WERE ADMITTED/ DROPPED/ NOT PRESSED: Shri Dilip Paul, the charged officer did not plead guilty to any of the allegations made by Smt. X, FA (Lady) vide complaint dated 30.08.2011 framed against him. 10. The Central Complaints Committee in the course of its inquiry examined in all 20 witnesses produced by the complainant (in Clause 5 witnesses who were earlier examined by the Frontier Level ....
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....ition of sexual harassment as it involves sexually coloured remarks and other unwelcome physical, verbal or non-verbal conduct of sexual nature. Furthermore, it may also be shown to be discriminatory if it is substantiated that Smt. X believed that her objection to Shri Dilip Paul's conduct would disadvantage her in connection with her employment and her apprehension that it would create a hostile work environment. Point 2: That Shri Dilip Paul would stare at her in the workplace, such as the repeated incidents in which he would come out from his office into the room that she was sitting, on the pretext of drinking water. This charge, if substantiated, is admissible under the Vishaka definition of sexual harassment as it involves sexually coloured remarks and other unwelcome physical, verbal or non-verbal conduct of sexual nature. Point 3: That Shri Dilip Paul would attempt to touch her in an unwelcome sexually determined manner in the workplace, such as an incident when, on the pretext of teaching her to operate a laptop, he come close to her and touched her shoulder and body. This charge, if substantiated, is admissible under the Vishaka definition of sexual....
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....aint in this connection. a. That Shri Dilip Paul used to make unsolicited phone calls to her, frequently at night and insisted on speaking to her for long durations, sometime up to half and hour. The phone calls were usually made between 19:00 and 20:00 hours, but occasionally, she also received calls from Shri Dilip Paul as late as 4.30 a.m. The substance of these calls mostly consisted of unwelcome comments of sexual nature with the objective of making her submit to his unwelcome sexual advances. b. On one occasion, Shri Dilip Paul came to Smt. X's home at around 4.45 a.m. and insisted that she came out for a morning walk with him. Fearful that if she refused, he would insist on coming into her house at that hour, she accompanied him for a short distance. c. That, on one uninvited visit to Smt. X's home, Shri Dilip Paul came with a bottle of alcohol and sought to pressure her to join him in drinking. When she tried to get away from him by going to the kitchen, Shri D. Paul followed her and tried to force himself upon her by embracing her. She somehow managed to extricate herself and ran out the house, and remained there until Shri D. Paul left t....
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....Shri Singhal asked her to separate the two complaints of sexual harassment in the workplace from the transfer request and issued an order transferring her to Ftr Hqr Guwahati on 1 September 2011. However, the transfer order did not contain directions for the payment of TA/DA and did not provide her any joining time. Point 10: Smt. X has also complained that the now-quashed enquiry into her complaint of sexual harassment in November 2011 did not provide her sufficient time or opportunity to submit additional documents and produce additional witnesses relating to the past history of the Accused. She has also stated that she was not afforded the right of cross-examination of Shri Paul, or a chance to rebut his alleged false statements. After the completion of the thereafter quashed enquiry, she was not also provided a copy of the enquiry report. In her deposition as well as the written submissions made to the Complaints Committee, she also pleaded that due cognizance be taken of the fact that, as a woman employee of the SSB, she was entirely unaware of that a Complaints Committee mechanism for dealing with complaints of sexual harassment was in place, and that as a complainan....
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.... BOARD (.) FTR. HQR GUWAHATI IS REQUESTED INFORM ALL CONCERNED ACCORDINGLY(.) ................................................................................. NO. 20/SSB. P-III/2011(4)-11606 DATED. THE 30.11.2012 SD/- 30/11/2012 ASSITANT DIRECTOR (PERS-M1) 13. The Central Complaints Committee submitted its inquiry report on 28.12.2012 to the Ministry of Home Affairs, wherein after recording its findings on the aforesaid 10 points, held the charges of sexual harassment against the Respondent to have been proved. The committee concluded its report with the following recommendations being reproduced below: XI. RECOMMENDATIONS The Complaints Committee finds that the charges of sexual harassment in the workplace have been well proven. Moreover a perusal of the charged officer's defence statement, in which Shri Dilip Paul attempts to slander and assassinate the complainant, alone speaks volumes about his respect for women. In view of its findings, the Complaints Committee makes the following recommendations: 1. That Shri Dilip Paul be given exemplary punishment for his sustained sexual harassment of Smt. X in the form of dismi....
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....ded over the complaint of sexual harassment dated 30.08.2011 submitted by the Complainant to Shri Dilip Paul, DIG during the course of 1st hearing of enquiry held on 26.09.2012 at New Delhi Shri Dilip Paul, DIG had denied the allegations of sexual harassment levelled against him by the complainant. AND WHEREAS, the complainant had levelled various allegations of sexual harassment against the said Shri Dilip Paul, Area Organiser (now retired DIG), which are summarised here as under - (a) That the said Shri Dilip Paul started teasing her tactically. He started making phone calls at night using unofficial and multi- meaning words. At times, he would visit her residence, when she was alone. Further, he would summon her into his room in his official capacity and would make her sit for hours. That the said Shri Paul on one pretext or the other used to make personal contact with her body. (b) That repeatedly, he used to tell the complainant that if she kept him satisfied by cooperating with the sexual activities, she shall be protected from all corners. (c) That in one of the incident, when he had visited her residence, he had entered the kitch....
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....plaint Committee and its report dated 28.12.2012. Hon'ble CAT Guwahati vide its interim judgment dated 28.06.2013 had imposed STAY on operation of enquiry report dated 28.12.2012 of Central Complaint Committee. The said OA was disposed by Hon'ble CAT, Guwahati vide its judgment dated 03.07.2015 directing therein to complete the disciplinary proceedings within four months from the date of receipt of the order. After the disposal of the case by the Hon'ble CAT and vacation of the interim directions of the Hon'ble Court, a copy of UPSC advice dated 22.08.2013 was served upon the Charged Officer vide Memorandum No. 14/SSB/Pers-1/2013(1)/9923-24 dated 04.08.2015, which was duly acknowledged by the Charged Officer. The Charged Officer vide his letter dated 25.08.2015 had submitted representation against the UPSC advice. All the relevant issues have been accordingly examined by the Ministry of Home Affairs being the Competent Disciplinary Authority. The issues agitated by the Charged Officer were found devoid of merit by the Disciplinary Authority. Accordingly, the charge of sexual harassment of a woman at work place levelled against the Charged Officer has been p....
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....before the CAT 20. The Respondent preferred OA No. 181 of 2013 before the Central Administrative Tribunal, Guwahati (CAT), assailing (i) the constitution of the Central Complaints Committee vide order dated 06.08.2012 (received via fax dated 03.09.2012), (ii) cancellation of the Frontier Complaints Committee's Inquiry Report vide order dated 30.11.2011 (received via Memorandum dated 10.12.2012 of the Frontier, Headquarters, SSB, Guwahati) and the (iii) Central Complaints Committee's Inquiry Report dated 28.12.2012. The reliefs which were inter-alia prayed for by the Respondent in the captioned OA are reproduced below: 8. Relief(s) sought for: The Hon'ble Tribunal be pleased to set aside and quash the impugned - (i) FAX message dated 03.09.2012 (Anexure-11) and the constitution of the Central Legal Complaint Committee under the Chairperson Smt. S. Radhika, IPS there under; (ii) Memorandum dated 10.12.2012 (Annexure-16) and cancellation of the enquiry report of the Frontier Level Complaint Committee there under, and (iii) the Enquiry report dated 28.12.2012. (Annexure-17) of the Central Complaint Committee. 21. The CAT, G....
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.... to complete the Departmental Proceedings within four months from the date of receipt of the order. ... A.6 Proceedings before the High Court 22. Aggrieved with the aforesaid, the Respondent preferred writ petition being WP (C) No. 7876 of 2015 before the Guwahati High Court challenging the judgment and order dated 03.07.2015 passed by the CAT, Guwahati. 23. During the pendency of the said writ petition, the Ministry of Home Affairs vide its Order dated 05.01.2016 referred to above held that the charges of sexual harassment levelled against the Respondent stood duly proved and after due consideration of the Respondent's representation and the advice of the UPSC imposed a penalty of withholding 50% of the monthly pension on permanent basis. 24. In such circumstances referred to above, the Respondent amended his writ petition pending before the Gauhati High Court and challenged the final order of penalty dated 05.01.2016 in addition to the original reliefs prayed before the CAT, Guwahati. B. IMPUGNED ORDER PASSED BY THE HIGH COURT 25. The impugned judgment of the High Court is in three parts. In other words, the High Court allowed the writ petition and set aside....
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....al of the above ten points would go to show that Point Nos. 1 to 6, 7 (b) to (f), 9 and 10 are no way connected to the complaint dated 30.08.2011. Two inquiries had also taken place and, after more than a year later, after lodging of the complaint dated 30.08.2011, another complaint with many allegations was submitted to the Chairperson of the CCC on 18.09.2012. In our considered opinion, the CCC could not have entertained such a complaint for the purpose of a disciplinary proceeding in absence of entrustment in terms of Standing Order. (Emphasis supplied) (ii) Secondly, the Central Complaints Committee while conducting the inquiry, could not have assumed the role of a prosecutor by putting questions to the witnesses. According to the High Court, the same vitiated the inquiry proceedings. The relevant observations on this issue are as under: 45. Perusal of the order-sheets, more particularly, the orders dated 26.11.2012, 27.11.2012, 28.11.2012 and 10.12.2012 go to show that the committee asked questions to the prosecution witnesses and examination-in-chief was done by, the committee. Prosecution witness, Mr. S.C. Katoch, who was cross-examined by the complainan....
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....ad lodged the ejahar on 26.08.2011. These aspects were, however, not weighed by the CCC. (Emphasis supplied) 26. The High Court accordingly, allowed the writ petition vide its Impugned judgment and Order and set-aside the penalty of permanently withholding 50% of the pension imposed upon the Respondent. 27. In such circumstances referred to above, the Appellant is here before this Court with the present appeal. C. SUBMISSIONS ON BEHALF OF THE APPELLANT 28. Mr. K. Parmeshwar, the learned Counsel appearing for the Appellant in his written submissions has stated thus: I. There has been no violation of the principles of natural justice as the Respondent was given an opportunity to defend himself at every stage of the case. a. It is submitted that the Central Complaints Committee was constituted to look into the allegations made against the Respondent as prescribed Under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. b. The said Committee conducted its first hearing on 26.09.2012 at 10:00 am. The Respondent was served with all the relevant documents including the complaint dated 20.08.2011. Further,....
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....fore, 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 penalty of withholding 50% pension amount. II. No prejudice has been caused to the Respondent due to non- supply of the Reports submitted in pursuance of an on-spot enquiry and Frontier Level Complaint Committee. a. It is submitted that the first alleged inquiry dated 13.12.2011 was pursuant to conducting of an on-spot enquiry and by the very nature of it, is summary in nature and not an inquiry of the nature envisaged in Vishaka and Ors. v. State of Rajasthan & Ors, (1997) 6 SCC 241 line of cases and the SSB Standard Operating Procedure on sexual harassment. Therefore, it cannot be equated with a disciplinary enquiry. b. It is relevant to note that before the report of on-the-spot enquiry was submitted, Frontier Level Complaint Committee (FLCC) was already constituted. The FLCC submitted its report on 17.01.2012. However, the same was cancelled by Memorandum dated 10.12.2012 on the ground that the Chairperson of the FLCC was not an officer who was senior to the Petitioner against whom the compla....
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....turing the Complainant by not giving her work and making her sit idle till late in the night. Having superannuated during the pendency of the proceedings before the disciplinary authority, the Respondent superannuated on 31.03.2013 as DIG. In such circumstances, it is submitted that the punishment imposed by the disciplinary authority for withholding 50% of monthly pension is proportionate to the offence committed by the Respondent." D. SUBMISSIONS ON BEHALF OF THE RESPONDENT 29. Mr. Avijit Roy, the learned Counsel appearing for the Respondent in his written submissions has stated thus: 1. The Hon'ble High Court in para 25 of the its judgment (Page -39 of SLP) rightly held that the scope of judicial review in case of misconduct and imposition of penalty under the service jurisprudence is circumscribed as the court is only required to examine as to whether the charges have been established on the basis of a fair enquiry as the Hon'ble High Court was also conscious of the fact that judicial review is not against the decision but the decision making process. 2. It is relevant to mention here that Rule 15 of the CCS (CCA) Rules, 1965, more particularly S....
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....id down in CCS (CCA) Rules, 1965. 7. The Hon'ble High Court in para 41 of its impugned judgment (Page 54 of the SLP) rightly observed that a complaint dated 18.09.2012 along with five Annexures was submitted by Smt. X (Complainant) to the Chairperson of the Central Complaint Committee (CCC) and copy of such complaint was also made available to the sole Respondent. In the inquiry report the above fact is not mentioned. It also does not appear that the said complaint was brought to the notice of the disciplinary authority. The Hon'ble High Court rightly held that the Central Complaint Committee (CCC) was mandated by the authority to inquire into the complaint dated 30.08.2011. However, it is manifest from the inquiry report that the complaint submitted on 18.09.2012 was also taken into consideration. It was also noted by the Hon'ble High Court that the CCC in the report under the heading "VI. Charges which were admitted/dropped/not pressed" that the Petitioner did not plead guilty to any of the allegations made by the complainant in her complaint dated 30.08.2011. Though the copy of the complaint dated 30.08.2011 was furnished, the same was not given in the form ....
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....mplaint. He was also put fifteen questions by the CCC, which was styled as "examination- in-chief" 10. That, the Hon'ble High Court at para 46 of its judgment (Page 74 of the SLP) rightly held that the prosecution witnesses were also put questions by the CCC, which is evident from the report of the CCC under the heading "V. Examination of witnesses", wherein the CCC itself recorded that CCC had conducted the examination-in-chief whenever it felt necessary. Thus, it is evident that the CCC also played the role of prosecutor, which vitiates the proceeding. 11. That the Hon'ble High Court at para 47 of its judgment (Page 75-76 of the SLP) rightly held that the CCC had recorded that it had noted that no witness examined by it had specific knowledge of the events listed in. The Hon'ble High Court observed that events alleged pertain to allegation of making unsolicited phone calls at unearthly hours and, that too, for long duration. No call records were produced. However, CCC accepted the allegations by merely holding that the committee saw no reason what gain the complainant would have in fabricating the allegations and that it is understandable that no wom....
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....ce was upheld time to time by the first three inquiries and same was discussed in detail by the Hon'ble High Court at para 40, 43, 46 and 47 of the impugned judgment while rightly setting aside the impugned order of penalty. (Page No. -54, 70-74, 75-76 of the SLP) 14. The contention of the Petitioner authority that the penalty of withholding of 50% of pension is just and sufficient. In this regard, the sole Respondent submits that when all three inquiry reports exonerated him and even Hon'ble High Court acquitted him all his charges and set aside the impugned order of penalty then the sole Respondent has proved his honesty and agitating his case for his reputation and honour as a decorated retired officer as DIG of SSB apart from unjustified penalty withholding 50% of pension." E. ANALYSIS 30. Having heard the learned Counsel appearing for the parties and having gone through the materials on record, the following four questions fall for our consideration: I. Whether the Central Complaints Committee committed any egregious error in looking into the second complaint dated 18.09.2012? II. Whether the Central Complaints Committee committed any e....
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....diate cause for the filing of this writ petition is an incident of alleged brutal gang rape of a social worker in a village of Rajasthan. That incident is the subject-matter of a separate criminal action and no further mention of it, by us, is necessary. The incident reveals the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate; and the urgency for safeguards by an alternative mechanism in the absence of legislative measures. In the absence of legislative measures, the need is to find an effective alternative mechanism to fulfil this felt and urgent social need. 3. Each such incident results in violation of the fundamental rights of "Gender Equality" and the "Right to Life and Liberty". It is a clear violation of the rights Under Articles 14, 15 and 21 of the Constitution. One of the logical consequences of such an incident is also the violation of the victim's fundamental right Under Article 19(1)(g) "to practice any profession or to carry out any occupation, trade or business". Such violations, therefore, attract the remedy Under Article 32 for the enforcement of these fundamental rights of women. This class a....
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....ight of gender equality and guarantee against sexual harassment and abuse by laying down the essential principles for preventing and redressing sexual harassment, including the creation of internal complaints committee at workplaces, awareness programs, and punitive measures against the offenders. These guidelines now popularly known as the 'Vishaka Guidelines' set a foundation for the development of comprehensive legislation on sexual harassment. The relevant observations are as under: 16. In view of the above, and the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, we lay down the guidelines and norms specified hereinafter for due observance at all work places or other institutions, until a legislation is enacted for the purpose. This is done in exercise of the power available Under Article 32 of the Constitution for enforcement of the fundamental rights and it is further emphasised that this would be treated as the law declared by this Court Under Article 141 of the Constitution. 17. T....
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....ithout prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated in appropriate ways. (b) The rules/Regulations of government and public sector bodies relating to conduct and discipline should include rules/Regulations prohibiting sexual harassment and provide for appropriate penalties in such Rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment. 4. Criminal Proceedings: Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance w....
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....al harassment occurs as a result of an act or omission by any third party or outsider, the employer and person- in-charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in private sector. 12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993. 18. Accordingly, we direct that the above guidelines and norms would be strictly observed in all work places for the preservation and enforcement of the right to gender equality of the working women. These directions would be binding and enforceable in law until suitable legislation is enacted to occupy the field. These writ petitions are disposed of, accordingly." 35. This was followed by another decision of this Court in Medha Kotwal Lele and Ors. v. Union of India and Ors. reported in (2013) 1 SCC 297, decided on 19.10.2012, wherein this Court anguished by the failure of the Union & State Gover....
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....ments on the same lines, as noted above in para 44.1 within two months. 44.3. The States and Union Territories shall form adequate number of Complaints Committees so as to ensure that they function at taluka level, district level and State level. Those States and/or Union Territories which have formed only one committee for the entire State shall now form adequate number of Complaints Committees within two months from today. Each of such Complaints Committees shall be headed by a woman and as far as possible in such committees an independent member shall be associated. 44.4. The State functionaries and private and public sector undertakings/organisations/bodies/institutions, etc. shall put in place sufficient mechanism to ensure full implementation of Vishaka (Vishaka v. State of Rajasthan, (1997) 6 SCC 241: 1997 SCC (Cri) 932) guidelines and further provide that if the alleged harasser is found guilty, the complainant victim is not forced to work with/under such harasser and where appropriate and possible the alleged harasser should be transferred. Further provision should be made that harassment and intimidation of witnesses and the complainants shall be met wit....
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....ishaka Guidelines applicable to the disciplinary proceedings in relation to complaints of sexual harassment. The said provisions are enumerated below: 3C. Prohibition of sexual harassment of working women. (1) No Government servant shall indulge in any act of sexual harassment of any woman 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. - (I) 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) namely - (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. (b) the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment: (i) implied or....
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....d, if separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules." (Emphasis supplied) 39. In addition to the aforesaid amendments in the CCS Rules, the Standing Order No. 1 of 2006 (Grievances Redressal Mechanism: To Redress Grievances of Women/Sexual Harassment at Work Place) was also issued by the Directorate General, SSB, New Delhi delineating the entire framework and procedure of the grievances redressal mechanism relating to sexual harassment at workplace. The 2006 Standing Order is reproduced below: DIRECTORATE GENERAL, SASHASTRA SEEMA BAL (SSB), R.K. PURAM, NEW DELHI-110066 2006 STANDING ORDER 1/2006 SUB: GRIEVANCES REDRESSAL MECHANISM: TO REDRESS GRIEVANCES OF WOMEN/SEXUAL HARASSMENT AT WORK PLACE. 1. The Constitution of India has given to women, the Fundamental Right to equality and the Right not to be discriminated against on grounds of religion, caste and sex. The constitution includes a special provision in Article 15(3), permitting the State to make special p....
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....een made to ensure that the women employed in Departments work with utmost dignity and are free from all types of sexual harassment. Accordingly, following scheme of arrangements has been devised for SSB: 6. DEFINITION Sexual harassment will include such unwelcome sexually determined behaviour by any person either individually or in association with other persons or by any person in authority whether directly or by implication such as: i) Physical contact and advances. ii) A demand or request for sexual favours. iii) Sexually coloured remarks. iv) Eve-teasing. v) Unsavoury remarks. vi) Jokes causing or likely to cause awkwardness or embarrassment. vii) Innuendos and taunts. viii) Gender based insults or sexist remarks. ix) Unwelcome sexual overtone in any manner such as over telephone (obnoxious telephone calls) and the like. x) Touching or brushing against any part of the body and the like. xi) Displaying pornographic or other offensive or derogatory pictures cartoons, pamphlets or sayings. xii) Forcible physical touch or molestation. xiii....
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....r a complaint before the Complaints Committee at the earliest point of time. ii) The Complaint shall contain all the material and details concerning the alleged sexual harassment including the names of the contravener and the complaint shall be addressed to the Complaints Committee. iii) If the Complainant feels that she cannot disclose her identity for any particular reason, the complainant shall address the complaint to the Frontier IG/IG (Pers, FHQ) and handover the same in person or in a sealed cover. Upon receipt of such complaint, Frontier IG/IG (Pers, FHQ) shall retain the original complaint with himself and send to the Complaints Committee, a gist of the complaint containing all material and relevant details other than the name of the complainant and other details, which might disclose the identity of the Complainant. iv) As soon as an enquiry into any complaint of women regarding sexual harassment is entrusted to the Complaints Committee, the Chairperson shall open a daily order sheet to proceed with the case as envisaged in Rule 14 of CCS (CCA) Rules 1965 and maintain the same during the course of entire enquiry. v) The entries in the d....
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....and proceedings of cross examination of Defence Witnesses, documents etc if any. xv) In the order dated 26.4.2004 in Writ Petition (Crl.) No. 173-177/1999 (Medha Kotwal Lele and Ors. v. Union of India and Ors. the Supreme Court has directed that "the report of the Complaints Committee shall be deemed to be an inquiry report under the CCS (CCA) Rules. Thereafter the disciplinary authority will act on the report in accordance with the rules." Sub-rule (2) of Rule 14 of the CCS (CCA) Rules, 1965 has accordingly been amended to provide that the Complaints Committee shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these Rules by the Notification No. 11012/5/2001-Estt.(A) dated 01.07.2004 (GSR 225 dated 10th July, 2004) and the report of the Complaints Committee should be treated as an enquiry report. xvi) On receipt of the findings from Complaints Committee, copy of the same should be provided to the alleged officer/official for his reply representation by the disciplinary authority (Govt in the case of the Group 'A' Officers). xvii) On receipt of representation if any submitted by the alleged off....
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....t Proactive steps such as meeting with women officers and members of Complaints Committee with all women in the Force in small groups should be organized. This would help them to informally exchanging views on handling sexual harassment related matters and draw mutual strength. This would build confidence for women to go forward professionally. 2. Keeping in view of this aspect it has been decided that henceforth the members of the Frontier level Complaints Committee will organize the meeting with all women as well as women employees within their operational jurisdiction of the Frontier in small groups and exchange their views on handling sexual harassment related matters as frequently as possible. 3. The Committee will also include a progress report about the number of such meetings organized, number of women present participated points if any, projected and its solution in the half yearly report to be submitted to Central Committee Directorate General as per para 7 of above SOP. 4. The IsG concerned will monitor such visits of the committee members to ensure positive results." 40. Rule 3C of the 1964 CCS Rules and the Proviso to Rule 14(2) of the 196....
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....and reappreciate the evidence or substitute its own findings. The scope of judicial review of the courts is limited only to the propriety of the decision-making process and the fairness of the inquiry procedure as held by this Court in B.C. Chaturvedi v. Union of India and Ors. reported in (1995) 6 SCC 749. The relevant observations are reproduced below: 12. Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the court. When an inquiry is conducted on charges of misconduct by a public servant, the Court/Tribunal is concerned to determine whether the inquiry was held by a competent officer or whether Rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical Rules of Evidence Act no....
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....ensitivity. Sympathy in such cases in favour of the superior officer is wholly misplaced and mercy has no relevance. The High Court overlooked the ground realities and ignored the fact that the conduct of the Respondent against his junior female employee, Miss X, was wholly against moral sanctions, decency and was offensive to her modesty. Reduction of punishment in a case like this is bound to have demoralising effect on the women employees and is a retrograde step. There was no justification for the High Court to interfere with the punishment imposed by the departmental authorities. The act of the Respondent was unbecoming of good conduct and behaviour expected from a superior officer and undoubtedly amounted to sexual harassment of Miss X and the punishment imposed by the Appellant was thus commensurate with the gravity of his objectionable behaviour and did not warrant any interference by the High Court in exercise of its power of judicial review. 29. At the conclusion of the hearing, learned Counsel for the Respondent submitted that the Respondent was repentant of his actions and that he tenders an unqualified apology and that he was willing to also go and to apologis....
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....hese is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment. The High Court, in this case, was not only incorrect in its interpretation of the jurisdiction of the Commandant and the obligation of the SSFC to furnish reasons under the BSF Act 1968 and Rules therein, but also demonstrated a callous attitude to the gravamen of the proceedings. We implore courts to interpret service Rules and statutory Regulations governing the prevention of sexual harassment at the workplace in a manner that metes out procedural and substantive justice to all the parties. (Emphasis supplied) E.2 Whether the Central Complaints Committee could have looked into the second complaint dated 18.09.2012? 45. The High Court in its impugned judgment observed that the Disciplinary Authority had constituted the Central Complaints Committee on the basis of the complaint filed by the victim. Since, at the time when the Central Complaints Committee came to be constituted, there was only one complaint i.e., the complainant's first complaint dated 30.08.2011, it necessarily meant that the Central Complaints Committee was manda....
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....ated stage to cause prejudice to the person-charged. In the instant case, the Central Complaints Committee was constituted on 06.08.2012 and its first hearing took place on 25.09.2012 whereas the second complaint had been filed by the complainant before the Central Complaints Committee on 18.09.2012. Thus, the second complaint had been promptly preferred right after the Central Complaints Committee was constituted and duly before its first hearing. 50. The High Court's reasoning that as the Central Complaints Committee was constituted on the basis of the first complaint, its scope of inquiry was restricted to its content, is completely erroneous inasmuch as the Central Complaints Committee owed its existence to the 2006 Standing Order and not to the complaint. Moreover, even if it is assumed for a moment that the complaints committee owed its existence to the complaint, Clause 10(i) of the 2006 Standing Order envisages filing of a complaint to the complaints committee i.e., it envisages a situation where after a complaints committee had come into existence, a complaint may be preferred to it. 51. In the aforesaid context, we may refer to the decision of this Court in Stat....
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....ut in Rattan Singh (supra), it could be said that there was no legal bar on the Central Complaints Committee to look into the allegations levelled in the second complaint dated 18. 09.2012. Since strict and technical Rule of evidence and procedure does not apply to departmental enquiry the connotation "evidence" cannot be understood in a narrow technical sense as to include only that evidence adduced in a regular court of law when a person is examined as a witness by administering oath. There should not be any allergy to "hearsay evidence" provided it has reasonable nexus and credibility. 53. In our judgment, the correct principle of law is found in the following observations of Diplock, J. in Regina v. Deputy Industrial Injuries Commissioner, Ex parte Moore reported in (1965) 1 Q.B. 456. These technical Rules of evidence, however, form no part of the Rules of natural justice. The requirement that a person exercising quasi-judicial functions must base his decision on evidence means no more than it must be based upon material which tends logically to show the existence or non-existence of facts relevant to the issue to be determined, or to show the likelihood or unlikeli....
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....ate decision making. Thus, it would be quite preposterous to hold that the complainant was precluded from making the second complaint before the Central Complaints Committee merely because she had already made one complaint to the IG, Frontier Headquarters, Guwahati. 56. In the context of the second complaint, the only relevant aspect that requires consideration is whether any serious prejudice was caused to the Respondent. It is not in dispute that the Respondent was provided with the copy of the second complaint. It is also not in dispute that the Respondent was aware of the nature of the allegations levelled in the second complaint. It is also not in dispute that ample opportunity was given to the Respondent to meet with the allegations levelled in the second complaint. It is not as if the Respondent was taken by surprise. In such circumstances, this aspect of the matter should have been looked into by the High Court on the anvil of the principle of "test of prejudice". i) Principle of "Test of Prejudice" in Service Jurisprudence 57. The "test of prejudice" is a well settled canon of law that may be applied where any procedural impropriety or violation of Rule of audi a....
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....on the touchstone of prejudice, as explained later in this judgment. In other words, the test is: all things taken together whether the delinquent officer/employee had or did not have a fair hearing. We may clarify that which provision falls in which of the aforesaid categories is a matter to be decided in each case having regard to the nature and character of the relevant provision. xxx xxx xxx 28. ... In our respectful opinion, the principles emerging from the decided cases can be stated in the following terms in relation to the disciplinary orders and enquiries: a distinction ought to be made between violation of the principle of natural justice, audi alteram partem, as such and violation of a facet of the said principle. In other words, distinction is between "no notice"/"no hearing" and "no adequate hearing" or to put it in different words, "no opportunity" and "no adequate opportunity". To illustrate - take a case where the person is dismissed from service without hearing him altogether (as in Ridge v. Baldwin [1964 AC 40: (1963) 2 All ER 66 : (1963) 2 WLR 935]). It would be a case falling under the first category and the order of dismissal would be invalid ....
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....ation of a procedural provision, the position is this: procedural provisions are generally meant for affording a reasonable and adequate opportunity to the delinquent officer/employee. They are, generally speaking, conceived in his interest. Violation of any and every procedural provision cannot be said to automatically vitiate the enquiry held or order passed. Except cases falling under - "no notice", "no opportunity" and "no hearing" categories, the complaint of violation of procedural provision should be examined from the point of view of prejudice, viz., whether such violation has prejudiced the delinquent officer/employee in defending himself properly and effectively. If it is found that he has been so prejudiced, appropriate orders have to be made to repair and remedy the prejudice including setting aside the enquiry and/or the order of punishment. If no prejudice is established to have resulted therefrom, it is obvious, no interference is called for. In this connection, it may be remembered that there may be certain procedural provisions which are of a fundamental character, whose violation is by itself proof of prejudice. The Court may not insist on proof of prejudice in su....
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....ural justice - or, for that matter, wherever such principles are held to be implied by the very nature and impact of the order/action - the Court or the Tribunal should make a distinction between a total violation of natural justice (rule of audi alteram partem) and violation of a facet of the said rule, as explained in the body of the judgment. In other words, a distinction must be made between "no opportunity" and no adequate opportunity, i.e., between "no notice"/"no hearing" and "no fair hearing". (a) In the case of former, the order passed would undoubtedly be invalid (one may call it 'void' or a nullity if one chooses to). In such cases, normally, liberty will be reserved for the Authority to take proceedings afresh according to law, i.e., in accordance with the said Rule (audi alteram partem). (b) But in the latter case, the effect of violation (of a facet of the Rule of audi alteram partem) has to be examined from the standpoint of prejudice; in other words, what the Court or Tribunal has to see is whether in the totality of the circumstances, the delinquent officer/employee did or did not have a fair hearing and the orders to be made shall depend upon the answer to....
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....f prejudice may be material. In respect of procedural provisions other than of a fundamental nature, the theory of substantial compliance would be available and in such cases objections on this score have to be judged on the touchstone of prejudice. The test would be, whether the delinquent officer had or did not have a fair hearing. ... (Emphasis supplied) 59. We now proceed to consider the next question whether the Respondent was asked by the Central Complaints Committee whether he pleaded guilty to the allegations levelled in the second complaint. The High Court after referring to the Central Complaints Committee's report found that, while the Respondent was asked whether he pleaded guilty to the allegations made in the first complaint, there was nothing to indicate that the same exercise had been undertaken in respect of the second complaint. 60. In the aforesaid context, we must look into Rule 14 Sub-rule (9) of the 1965 CCS Rules. The said provision reads as under: 14. Procedure for imposing major penalties. (9) If the Government servant who has not admitted any of the articles of charge in his written statement of defence or has not submitted a....
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.... be treated as fatal. Nor can the Appellant be heard to state that he was completely in the dark as to the nature of the allegations levelled against him and was not in a position to respond appropriately. (Emphasis supplied) 64. A four-Judge bench of this Court in Managing Director, ECIL, Hyderabad and Ors. v. B. Karunakar and Ors. reported in (1993) 4 SCC 727 held that in order to determine if prejudice had been caused by a violation of a procedural Rule or facet of natural justice, it must be shown that violation had some bearing either upon the outcome or the punishment imposed. The relevant observations are as under: 30.[v] The next question to be answered is what is the effect on the order of punishment when the report of the enquiry officer is not furnished to the employee and what relief should be granted to him in such cases. The answer to this question has to be relative to the punishment awarded. When the employee is dismissed or removed from service and the inquiry is set aside because the report is not furnished to him, in some cases the non-furnishing of the report may have prejudiced him gravely while in other cases it may have made no difference to th....
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....phatic "No". We say so because the Respondent had denied all the ten charges which were framed against him. In other words, the Respondent answered to all the ten points by way of his written statement of defence and even had an opportunity to cross-examine the witnesses on each of the charges. 66. We are of the view that the High Court completely failed to advert itself to the principles laid down by this Court as aforesaid, and mechanically proceeded to set-aside the order of punishment imposed by the disciplinary authority on the ground that there was nothing to indicate that the Respondent was asked whether he pleaded guilty to the charges imputed in the second complaint without applying the principle of "test of prejudice". E.3 Whether the Central Complaints Committee could have put questions to the witnesses in a departmental inquiry? i) "Fact Finding" Authority in Disciplinary Proceedings 67. The High Court observed that the Central Complaints Committee in the course of the inquiry had put questions to the prosecution witnesses, and even the examination-in-chief was recorded by it, and as such it played the role of a prosecutor which it could not have, thereby vi....
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....entral Civil Services (Conduct) Rules, 1964 (hereinafter call 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. (Emphasis supplied) 71. This Court in Sakshi v. Union of India and Ors. reported in (2004) 5 SCC 518 had observed that quite often in sensitive matters particularly those involving crime against women the victims either due to fear or embarrassment were not able to openly disclose the entire incident. Often the victims during their testimony were put embarrassing questions by Accused with the sole purpose of confusing or suppressing out of shame. To remedy this, directions were issued by this Court that for cross-examination of victims, the question would be given to the presiding officer who in turn would ask them in clear language which is not embarrassing. The relevant observations are reproduced below: 32. The mere sight of the Accused may induce an element of extreme fear in the mind of the victim or the witnesses or can put them in a state of shock. In such a situation he or she may not be able....
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.... the delinquent officer shall not cross-examine the complainant directly and instead should hand over the questions to the chairperson of the committee who in turn would then put them to the complainant, to ensure no fear or embarrassment is caused to the complainant. The provision reads as under: 10. COMPLAINT MECHANISM viii) Cross examination of the witnesses should be allowed by the complainant and alleged officer. However, cross examination of complainant by the alleged officer is permissible as per Indian Evidence Act, 1872 subject to the directions as laid down by Hon'ble Supreme Court of India in AIR 2004 SC 3566-Sakshi v. UOI and Ors., i.e. to say "Questions put in cross-examination on behalf of Accused (charged officer in our case), which relate directly to incident, should be given in writing to the Chairperson of the Complaints Committee who may put them to victim or witnesses in a language which is clear and NOT EMBARRASSING." The questions shall thus be vetted by the Chairperson of such Complaints Committee. 73. There appears to be neither any statutory bar nor any logic to restrict the power of the complaints committee to put questions to the ....
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.... jurisdiction. No specific malice or bias has been alleged against the enquiry officer, and even during the enquiry no request had been made to seek a replacement, thus, evidencing how these objections are nothing but an afterthought. (Emphasis supplied) 77. If Section 165 of the Indian Evidence Act, 1872 permits a Judge to put questions to the parties or to the witnesses in order to discover or obtain proper proof of relevant facts and this provision being widely used by the judges throughout the country, we fail to understand as to how the complaints committee after being equated with a judge in a judicial proceeding be denied that privilege. However, it would be a different situation if a specific case of personal bias is made out against the members of the committee. After all, the very purpose of the disciplinary proceedings is to reach to the bottom of the fact while affording adequate opportunities to the affected party. 78. Thus, the High Court was not correct in taking the view that the proceedings stood vitiated because the Central Complaints Committee put questions to the prosecution witnesses. E.4 Whether the Central Complaints Committee based its findings o....
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....t conclusion on that evidence. There is, indeed, the well-established Rule that to find facts on no evidence is to err in law. (Emphasis supplied) 81. The learned Author has pointed out that the "no evidence" Rule has some affinity with the substantial evidence Rule of American law which, as explained by Bernard Schwartz in his treatise on Administrative Law, 1976 Edition, at page 595, means "such evidence as might lead a reasonable person to make finding." In other words, according to the learned Author, "The evidence in support of a fact-finding is substantial when from it an inference of existence of the fact may be drawn reasonably. 82. The earliest English decision which has touched upon the concept of "no evidence" is that of the Court of Appeal in The King v. Carson Roberts reported in 1908 (1) K.B., 407. The question in that case was whether the superior court having the power to issue a writ of certiorari, if it appeared to it that the decision of the auditor in regard to disallowances and surcharges, under the Public Health Act, 1875, was erroneous, could review the same only when such decision was erroneous in point of law and not when the auditor had c....
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.... not entitle it to usurp this responsibility and to substitute its own view for his." 85. In French Kier Developments Ltd. v. Secretary of State for the Environment reported in 1977 (1) All ELR 297, the jurisdiction of the court of Queen's Bench Division was invoked for quashing the appellate decision of the Secretary of State confirming the refusal of permission for development. The Secretary of State accepted the findings of fact recorded by the Inspector at the conclusion of the public inquiry which followed the Borough Council's refusal of permission but not his recommendation that the appeal should be allowed. The Secretary of State, in deciding the appeal, took into consideration the contents of a document and accepted them as correct, notwithstanding the fact that the Inspector had regarded the document as of no evidential value. The argument before Willis J. was that the Secretary of State should have ignored the document, or any reference to its contents, as the Inspector did, since it was not produced by any witness, its provenance was unexplained and it could not be tested by cross-examination. The learned Judge made the following observations while considerin....
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....ated. Then follow the following important observations: Where there is some evidence, which the authority entrusted with the duty to hold the enquiry has accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the charge, it is not the function of the High Court in a petition for a writ Under Article 226 to review the evidence and to arrive at an independent finding on the evidence... if there be some legal evidence on which their findings can be based, the adequacy or reliability of that evidence is not a matter which can be permitted to be canvassed before the High Court in a proceeding for a writ Under Article 226 of the Constitution. (Emphasis supplied) 88. This decision was approvingly referred to and relied upon in State of Andhra Pradesh and Ors. v. Chitra Venkata Rao reported in (1975) 2 SCC 557. 89. In Union of India v. H.C. Goel reported in AIR 1964 SC 364, the question as to the amplitude and width of the judicial review Under Article 226, fell for consideration in the context of the disciplinary proceedings against Government servants. It was observed that "the High Court Under Article 226 has jurisdic....
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....with the prescribed procedure and the Rules of natural justice and the conclusion recorded by the disciplinary authority is supported by some tangible evidence, then there is no scope for interference with the discretion exercised by the disciplinary authority to impose the particular punishment except when the same is found to be wholly disproportionate to the misconduct found proved or shocks the conscience of the court. (Emphasis supplied) 91. This Court in Aureliano Fernandes (supra) while discussing upon the extent to which a court can interfere with respect to the departmental proceedings conducted pursuant to the allegations of sexual harassment, made the following relevant observations: 62. ... 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....
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....icited from the cross-examination of Mast Ram Thakur. In fact, what has been deposed by Mast Ram Thakur as referred above, has not even been remotely disputed in the cross- examination by way of even a suggestion. b. Shri Rynjan Singh, peon (PW8) and Shri Chandan Sarkar (PW6) stated that they had seen the complainant being made to sit in the Respondent's chamber for hours. Shri Ashok Kumar, PA (PW17) further stated that the complainant had once told him that after being called in his chamber the Respondent would often comment on her beauty and clothes. c. Shri P.K. Rawat, UDC (PW5), Shri Ranjit Patoi, Assistant (PW7) and Shri Samir Nandi, SFA(G) (PW14) have all stated that they had seen the Respondent pour himself a glass of water in his chamber and then go to the complaint's room 5-6 times a day, and while drinking he would always be looking at the complainant. Shri Runjan Singh, peon (PW8) stated that earlier the Respondent used to drink water in his own chamber, but once the complainant joined the office, he started frequently visiting her room to drink water. d. Shri Rabi Ram Biswas, sweeper (PW12) stated that he had seen the Respondent touchi....
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....all stated to have heard from the other office staff that the Respondent would often visit the complainant's residence uninvited and make proposal of marriage. Other witnesses namely; Shri Shyam Dass, Section Officer DACS (retd.) (PW19), Shri Subhash Prasad, UDC (PW18), Shri Ashok Gahlot, PA (PW17), Shir Jinen Singh, UDC (PW11), Shri Ranjit Patoi, Shri Samir Nandi, SFA(G) and Smt. Pema Nazary, AFO(WI) (PW9) all supported these allegations and said to have heard from the complainant sometime in 2009-10 that the Respondent used to visit her house at odd hours and also used to misbehave with her by making sexual advances and asking the complainant to leave her husband and marry him. Shri Chandan Sarkar, SFA(M) (PW6), stated to have even heard a telephonic recording of the Respondent making sexual remarks to the complainant. Shri P.K. Rawat, UDC (PW5) stated that on many occasions he had seen the Respondent sitting at the complainant's house. i. Shri S.C. Katoch, IG (PW20), stated that the complainant had once telephoned him making a complaint against the Respondent for detaining her beyond working hours. He further stated that, he had then telephonically reprimanded t....
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....dd hours, but since call records for Shri Dilip Paul's mobile phone were not available and Smt. X had a prepaid SIM card, it has failed to do so. xxx xxx xxx ... The Complaints Committee also notes that the unavailability of corroboration from call records cannot be laid at Smt. X's door because, had the enquiry into her complaint been timely and speedy, these records would have been available as on date." 98. Before we close this judgment, we must deal with one submission very vociferously canvassed on behalf of the Respondent as regards the multiple inquiries conducted by the Appellant. It was submitted on behalf of the Respondent that the normal Rule is that there can be only one inquiry. It was also submitted that once the on-spot/preliminary inquiry revealed nothing incriminating against the delinquent, no further committee could have been constituted to inquire into the allegations once again. 99. It was further submitted that even the Frontier Complaints Committee came to the conclusion that the charges were not held to be proved. 100. In such circumstances referred to above, according to the learned Counsel, the Central Complaints Committe....
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.... of sexual abuse in the organization which necessarily includes the frontier also and, therefore, it cannot be said that the CCC could not have exercised authority in the instant case. The decision in K.D. Pandey (supra), wherein it was held that when specific findings have been given in respect of charges by the inquiry officer, the matter could not have been remitted to the inquiring authority for further inquiry as it would have resulted in a second inquiry and not a further inquiry on the same set of charges and the materials on record, will not be applicable in the facts and circumstances of the case. In K.R. Deb (supra), the Supreme Court observed in the context of the Rules in question that though it may be possible in certain circumstances for the disciplinary authority to record further evidence, because of some serious defects that had crept into the inquiry or some important witnesses were not available at the time of the inquiry or were not examined for some other reason, no power is vested in the disciplinary authority to completely set aside previous inquiry on the ground that the report does not appeal to the disciplinary authority. It was also observed that discipli....
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....ondition in respect of work, leisure, health and hygiene to further ensure that there is not hostile environment towards women at work places and no women employee should have reasonable grounds to believe that she is disadvantaged in connection with employment. He will ensure suitable arrangements for prevention of sexual harassment as a result of an act or omission by any third party or outsider and would provide necessary and reasonable assistance to the affected person in terms of support and preventive actions. Document 2 i) Chairperson ii) Member-I iii) Member-II iv) Member-III One lady officer of the rank of DIG/Commandant rank to be appointed by IG (Pers). One lady Gazetted Officer to be appointed by IG (Pers). Nomination from an NGO recognized by NCW or One Counsellor from NGO (nomination from an NGO recognized by NCW) to be solicited by the Chairperson of the Committee. AD (Legal) Force Headquarters or the senior most Law Officer. Document 3 One Gazetted rank lady officer to be appointed by the Frontier IG. i) Chairperson ii) Member-I One counsellor from an iii) Member-I....