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DIPANKAR DATTA, M. S. KARNIK
Laxman B. Panmand – Appellant
Versus
Nuclear Power Corporation Of India Ltd. – Respondent
JUDGMENT
DIPANKAR DATTA,C.J. - This writ petition dtd. 8/6/2019 mounts a challenge to an order of the reviewing authority dtd. 7/5/2019 declining to review an appellate order dtd. 25/6/2018 which, in turn, affirmed an order dtd. 2/2/2018 of the disciplinary authority. The petitioner has prayed for quashing of the aforesaid orders together with the proceedings of inquiry conducted by the Internal Complaints Committee (hereafter "ICC", for short) as well as for grant of service benefits which would have accrued to him, but for the aforesaid proceedings and the orders passed therein.
2. While discharging duties as Senior Manager (HR) in the Nuclear Power Corporation of India Limited (hereafter "Corporation", for short), the petitioner was informed of proceedings that had been initiated by the ICC upon receipt of a complaint lodged by a lady employee against him. The complaint centered around allegations of unwelcome behaviour on the part of the petitioner towards the complainant. It is not in dispute that the petitioner participated in the proceedings before the ICC, whereupon the ICC submitted its report dtd. 4/1/2018 to the petitioner's disciplinary authority, i.e., the Chairman and
The inquiry by the Internal Complaints Committee (ICC) is a full-fledged enquiry, and the recommendations of the ICC report, if finalized, are binding upon the employer. The employer is obligated to ....
Removal of service - Sexual harassment at work place - Regular enquiry conducted by the ICC - No disciplinary enquiry is necessary and based upon ICC enquiry officer’s report, the respondents have ri....
The terms and conditions of employment of both the petitioner and the respondent No.7 crystallized with the acceptance of the appointment letter dated March 25, 2013 in case of the applicant/writ pet....
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
ICC inquiry under POSH Act deemed departmental inquiry for sexual harassment; no separate CCS (CCA) Rules inquiry required for major penalty when institute policy prescribes compliant procedure; spec....
The main legal point established in the judgment is that the punishment imposed should not be merely disproportionate but should be strikingly disproportionate to warrant judicial review. The court a....
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
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