The report of the ICC should be treated as a preliminary/fact-finding report and disciplinary proceedings should be initiated by serving a formal charge-sheet under rule 12 of the D & A Rules of 1996. The reversion to a lower post was impermissible and the penalty imposed was not in accordance with the D & A Rules of 1996.

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 Managing Director of the Corporation. It was concluded that upon careful consideration of the whole issue including perusal of the complaint dtd. 16/11/2017 and the testimony of the witnesses, the complaint of sexual harassment made against the petitioner was sustainable. The petitioner duly responded to the inquiry report by submitting a representation dtd. 16/1/2018, disagreeing with the conclusions arrived at by the ICC that his conduct was unacceptable and unwelcome to the complainant and tends to undermine her dignity as a woman as well as an employee of the Corporation. It was further alleged that the ICC did not consider the matter from the proper perspective and that there was an error in evaluation of the evidence before drawing adverse conclusions against the petitioner. It was also alleged that vital information had not at all been considered.

3. The disciplinary authority upon considering the record of the proceedings before the ICC as well as the petitioner's response dtd. 16/1/2018 held the petitioner guilty of misconduct, as defined in rule 9 of the Corporation's (Conduct) Rules, 1994 (hereafter "Rules of 1994", for short). The disciplinary authority, therefore, proceeded to pass the following order:

"8. ... Accordingly, I am of the considered opinion that imposition of the penalty of reduction to the lower scale of pay of Pay Level 10 i.e. the scale of pay attached to the grade of Dy. Manager (Human Resource), as per the Pay Structure notified under the CCS (Revised Pay) Rules, 2016, would meet the ends of justice in the case.

9. NOW THEREFORE, in exercise of the powers conferred on me, I hereby order imposition of the penalty of reduction to the lower scale of pay of Pay Level 10 i.e. the scale of pay attached to the grade of Dy. Manager (Human Resource), as per the Pay Structure notified under the CCS (Revised Pay) Rules, 2016, on Shri L.B. Panmand, with the following conditions:-

(a) The reduction to the lower scale of pay of Pay Level 10 as per the Pay Structure notified under CCS (Revised Pay) Rules, 2016 shall be for a period of three years;

(b) In the reduced scale of pay, the initial pay that Shri L.B. Panmand shall draw shall be the minimum of the Pay Level, i.e. Rs.56100.00;

(c) During the period of reduction, Shri L.B. Panmand shall be eligible to draw increments in the Pay Level 10, subject to fulfilling the applicable conditions for drawal of increments;

(d) On expiry of the period of reduction of three years, Shri L.B. Panmand shall be eligible to be considered for promotion to the grade of Manager (Human Resource) subject to fulfilling the eligibility criteria and as per the law laid procedure;

(e) For being considered for promotion to the grade of Manager (Human Resource), the period of service rendered by him in the g