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IN THE HIGH COURT OF KARNATAKA
P.B. BAJANTHRI, J.
Professor Giridhar Madras – Appellant
Versus
Indian Institute of Science – Respondent
Writ Petition No. 56994 of 2018
Decided On : 06-08-2019
Constitution of India,1950 - Articles 14(2), 15(3), 21(4) and 226/227 - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Sections 16, 12 , 17 9 14(2) and 13 - Sexual harassment - Work place - Order of direction quashing the impugned inquiry report - Whether he pleads guilty or not based on the complaint - Whether it be a developed nation or developing nation or under developed nation - Whether directly or otherwise - Physical contact and advances - Demand or request for sexual favours - Sexually coloured remarks - Showing any poinography any other unwelcome physical, verbal or non-verbal conduct of a sexual nature - Respondent Indian Institute of Science constituted under the scheme called 'scheme' for the administration and management of properties and funds of Indian Institute of Science is in vogue with effect relates to definition (m) "regulations" means regulations framed pursuant to Clause 21 of Scheme and (n) "Byelaws" byelaws framed pursuant to Clause 22 of the Scheme - Audio clip containing conversation held between complainant and witness and no other documents were presented in the inquiry - First and second statements of witness No.1 are contradictory to each other - Complainant respondent has not produced any material evidence against the petitioner like phone records or transcript of whatsapp messages in order to corroborate her allegations against the petitioner – Held, Petitioner is entitled to relief only on the legal issues - Necessary to have refresher training programme to such of those Committee Members as well as Disciplinary Authority. In this regard, Government of India/Disciplinary Authority/Experts like a trained persons should conduct programme to apprise how to conduct inquiry in a sexual harassment case - Department of Personnel and Training is requested to make necessary arrangement for refresher training programme to Members of Committee and Disciplinary Authorities so as to avoid any procedural/violation statutory rules in conducting inquiry and punishing concerned government servant/ employee/student and other staff of department/ organization/institution - Order shall be communicated to the Secretary to1 Department of Personnel and Training and Law Department of Government of India, through Registry - Writ petition stands allowed
JUDGMENT :
P.B. BAJANTHRI, J.
1. In the instant writ petition, the petitioner has prayed the following reliefs:
(b) Issue a writ of certiorari or any other appropriate writ, order of direction quashing the impugned inquiry report dated 28.02.2018 at Annexure-N issued by respondent No.2.
(c) Issue a writ of certiorari or any other appropriate writ, order of direction quashing the impugned findings report dated 08.02.2018 at Annexure-L issued by the respondent No.2.
(d) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent No.1 to take action against its Director for violation of Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(e) Issue any other such appropriate writ, order or directions as this Hon'ble Court deems fit including the grant of exemplary costs in the interest of justice and equity.
2........
(b) Schedule 1 consists of Regulations framed pursuant to Clause 21 of the Scheme. Regulation No.1 deals with definitions. Relevant definitions for the present case are:
(a) "Scheme" means the scheme for the administrative and management of properties and funds of the Institute.
(b) "Byelaws" means byelaws framed by the Council pursuant to Clause 22 of the Scheme.
(e) "Authorities" means authorities of the Institute defined in Clause 4 of the Scheme.
(g) "Council" means the council of the Institute under Clause 9.1 of the Scheme.
(c) Byelaws framed pursuant to Clause 22 of the Scheme. Byelaw No.1 deals with definitions. Clause 3 relates to Council. Clause 11 relates to classification of members of the staff like Group A, B and C. Clause 12 relates to appointments. Clause 12.2 deals with the category of post and quorum amongst other posts, Professor- Quorum 4 members (including atleast one external expert). Clause 21 relates to Conduct Rules and Clause 21.1 relates to The Central Civil Services (Conduct) Rules, 1964 as amended from time to time shall apply mutatis mutandis to both the Teaching and non-Teaching Staff of the Institute. The Disciplinary Authority, Appellate Authority and Reviewing Authority have been identified in the form of tabular column. Government or Union xxxx (1) Council For major penalties in respect of Teaching and Group 'A' non-Teaching Staff appointed by the Council. However, charge sheet may be issued by the Director under his/her own signature, conduct enquiry himself/herself or appoint Inquiring Authority and forward the report of the Inquiring Authority to the Council for decision on penalty.
(d) IISc have adopted the Central Civil Service (Conduct) Rules, 1964 (for short Rules, 1964) and Central Civil Service Classification (Control and Appeal) Rules, 1965 (for short Rules, 1965).
(e) The other statutory provisions which are relevant are as follows:-
(i) The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short referred as Act, 2013).
(ii) The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Rules, 2013 (for short referred as Rules, 2013).
(iii) Indian Institute of Science Rules for Internal Committee,
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