2021 (2) TMI 1401

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....against the petitioner alleging sexual harassment to co-employees in the Police department where he is working. Enquiry was held at the back of the petitioner and recommendations were made for holding regular departmental enquiry. During the process of enquiry by the Internal Complaints Committee (for short, 'the ICC') constituted for enquiring into allegation of sexual harassment of women at workplace, the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short, 'the Act') had not been followed. In terms of Section 11(1) of the Act opportunity of hearing was required to be afforded to the employee concerned. However, there is nothing on record to suggest that any opportunity wa....

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....eported at (2012) 11 SCC 565. 4. Heard learned Counsel for the parties and perused the paper book. 5. From the facts it is evident that complaints filed by the fifteen lady constables of Malda Police Line were referred to the Committee for enquiry into allegations, vide communication dated September 28, 2016 by the Superintendent of Police, Malda. As is evident, enquiry was conducted by the Committee and a report dated October 02, 2016 was submitted to the Superintendent of Police Malda. Besides departmental proceeding, recommendation was also made for transfer of the petitioner from his present place of posting and in fact the petitioner was transferred thereafter. The recommendation was made for initiating regular departmental enqui....

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....ttee with reference to sexual harassment of women at workplace. Second provision to Sub-section 1 thereof provides that where both the parties are employees, they shall be afforded of being heard during the course of enquiry and the copy of the findings shall be made available to them, to enable them to make representation against the findings recorded by the Committee. 7. Section 13(3) of the Act provides that the Committee can recommend to the employer to take action for sexual harassment as a misconduct in accordance with the service rules applicable, besides other recommendations. 8. Learned Counsel for the respondent submitted that the enquiry conducted by the Committee was a preliminary enquiry where no opportunity was required ....