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2004 Supreme(SC) 560

Supreme Court of India
S. RAJENDRA BABU, K.G. BALAKRISHNAN & G.P. MATHUR, JJ.
Medha Kotwal Lele & Others
Versus
Union of India & Others
Writ Petitions (Crl.) Nos. 173-77 of 1999 with T.C. (C). No. 21 of 2001
Decided on : 26-04-2004

Headnote:

Constitution of India, Articles 15 and 21 - Industrial Employment (Standing Orders) Rules, 1946 - Central Civil Services (Conduct) Rules, 1964 - Sexual harassment - accordance with the guidelines issued by this Court in Vishaka v. State of Rajasthan (1997 (6) SCC 241- Complaints Committee as envisaged by the Supreme Court in its judgment in Vishaka's Case, 1997 (6) SCC 241 at 253, to be deemed to be an inquiry authority for the purposes of Central Civil Services(Conduct) Rules, 1964\ and the report of the complaints Committee to 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

[Paras 2 and 3]

Judgment :

1. Several petitions had been filed before this Court by women organizations and on the basis of the note prepared by the Registrar General that in respect of sexual harassment cases the Complaints Committees were not formed in accordance with the guidelines issued by this Court in Vishaka v. State of Rajasthan (1997) 6 SCC 241 : 1997 SCC (Cri) 932) and that these petitions fell under clause (6) of the PIL Guidelines given by this Court i.e. “Atrocities on Women” and in any event in Guidelines set out in Vishaka were not being followed. Thereupon, this Court treated the petitions as writ petitions filed in public interest.

2. Notice had been issued to several parties including the Governments concerned and on getting appropriate responses from them and now after hearing the learned Attorney General for UOI and the learned counsel, we direct as follows:

“Complaints Committee as envisaged by the Supreme Court in its judgment in Vishaka case, SCC at p. 253, 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 the inquiry report under the CCS Rules. Thereafter, the disciplinary authority will act on the report in accordance with the Rules.”

3. Similar amendments shall also be carried out in the Industrial Employment (Standing Orders) Rules.

4. Further directions in relation to educational institutions and other establishments will be made subsequently as it is not very clear whether all the parties concerned in this regard have been served or not. Let a note be prepared as to which of the parties have been served on this aspect of the matter and what their responses are. For further orders list in July 2004.

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