TaxTMI 
TaxTMI 
2022 (1) TMI 1491
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....rial into the allegation against the applicant vide reference no. PER-14032/2/2020-Estt- III/13728- 733 dated 16.06.2020; c) An order be passed directing the respondent authorities concerned to forthwith set aside/cancel/withdraw/ rescind the order of suspension being Ref. No. PER.DP/NVS (SHR)/PK Niroula/6170 dated 16.02.2020 and the subsequent orders of extension. 3. The Learned Tribunal by the order impugned permitted the respondent authorities to proceed with the order for summary trial and directed the petitioner to co-operate with the authorities. 4. The seminal question involved in this writ petition is as to whether the order of suspension inflicted upon the petitioner is sustainable in law and the committee constituted for summary trial pertaining to the allegations of sexual harassment against the petitioner has statutory force after enactment of The Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and amendment of relevant provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 in the light of the Act. 5. The background facts as projected by the petitioner and which are necessary ....
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....and Appeal) Rules, 1965 on 10.07.2020, but he is yet to know about its fate. 6. Initially, the order of suspension inflicted upon the petitioner was from 15.02.2020 and it was extended for a period of 90 days. Even during the pendency of the appeal preferred by the petitioner before the Chairman of the said Samiti, the order of suspension was extended for an another period of 90 days. Subsequently, such suspension order was further extended for another term of 90 days and ultimately it was extended up to 10.02.2021. 7. By an order dated 16.06.2020 the respondent school authorities informed the petitioner that the respondent no. 2 constituted a committee for summary trial for inquiring into the allegations levelled against him dispensing with the regular disciplinary proceedings in terms of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. 8. It is contended by the petitioner that as the complaint against him is of the nature of sexual harassment at workplace, the respondent school authorities should have constituted internal complaints committee and such committee shall be deemed to be the inquiring authority appointed by the disciplinary authori....
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....ment against the petitioner. 13. In the decision in the case of Ajay Kumar Choudhary -Vs- Union of India reported in (2015) 7 SCC 291, the Hon'ble Apex Court has held as under: "Suspension, specially preceeding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration. If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature. Departmental/disciplinary proceedings invariably commence with delay, are plagued with procrastination prior and posts the drawing up of the memorandum of charges, and eventually culminate after even longer delay. Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his department, has to codure this excruciation even before he is formally charged with some misdemeanour, indiscretion or offence. His torment is his knowledge that if and when changed, it will inexorably take an inordinate ....
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....anisation public or private shall have to constitute an internal complaints committee to enquire into any complaint of sexual harassment made by any aggrieved woman. In a later decision in the case of Medha Kotwal Lele and Others-Vs- Union of India and Ors reported in (2013) 1 SCCC 297 the Hon'ble Supreme Court further passed the similar directive as to formation of internal complaints committee at every workplace. 18. However, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which came into force on 09.12.2013 now occupies the field and the Act contains a mechanism to deal with complaints of sexual harassment. In this regard it will be apposite to refer to Section 4 of the Act. Section 4 of the Act reads as under: "4. Constitution of Internal Complaints Committee.-(1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee". Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or....
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.... implement section 4 of the Act in letter and spirit and to make the internal complaints committee viable and independent the Hon'ble Apex Court in a recent decision in the case of Punjab and Sind Bank and Others -Vs- Durgesh Kuwar reported in (2020) SCC Online SC 774 has observed at paragraph 22 that clause ( c ) of Section 4 (2) indicates that one member of the internal complaints committee has to be drawn from amongst a non-governmental organisation or association committed to the cause of women or a person familiar with issues relating to sexual harassment. The purpose of having such a member is to ensure the presence of an independent person who can aid, advise and assist the committee and thereby it obviates an institutional bias. 20. The committee in question for summary trial as constituted by the respondent school authorities comprises the following members: 1. Shri Vikram Joshi, D.C(Pers), NVS, Hqrs.,Noida- Convenor 2. Shri N. Haribabu, AC, NVS, RO, Shillong- Member 3. Smt. Sarita, AC, NVS, RO, Lucknow - Member 21. As discussed above, it is axiomatic that the committee so formed by the respondent school authorities cannot be termed as an i....
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....equest for sexual favours; or iii) Making sexually coloured remarks; or iv) Showing pornography; or v) Any other unwelcome physical, verbal, nonverbal conduct of a sexual nature. 26. On the other hand, the amended Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, inter alia, enjoins as follows: Where there is a complaint of sexual harassment within the meaning of Rule 3C of the Central Civil Services (Conduct) Rules, 1964, the complaints committee established in each ministry or department or office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of this rule and the complaints committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the enquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules. 27. In view of the legal position as above, the committee constituted for summary trial without adhering to the mandatory requirements of the law and the rules as quoted above loses its leg....