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SHAMPA SARKAR
Debjani Sengupta – Appellant
Versus
Institute of Cost Accountants of India – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The application for review had been filed by the writ petitioner of WPA 4806(W) of 2019, inter alia, praying for setting aside the judgment and order dated May 3, 2019.
2. The prayer for review had been made on the ground that the judgment disclosed error apparent on the face of record. As the Officers’ Service Rules, 1983 (hereinafter referred to as the said service rules) had not been published in the Gazette of India, the direction of the Court upon the employer to initiate disciplinary proceedings under the said service rules and to take necessary steps with regard to imposition of punishment etc. as per the provisions of chapter-V of the said service rules, was a mistake of law and should be corrected.
3. Mr. Kallol Basu, learned Advocate appearing on behalf of the applicant/writ petitioner referred to Section 16(2)(a) of the Cost and Works Accountants Act, 1959 (hereinafter referred to as the said Act) and submitted that the council was the appointing authority of the writ petitioner as also the respondent No.7. The proceeding under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred t
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....
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 ....
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....
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....
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.
The main legal point established in the judgment is that the procedure for conducting an inquiry into a complaint of sexual harassment must be fair, impartial, and aligned with the principles of natu....
The definition of 'service matter' excludes disputes not directly related to the conditions of service, allowing the High Court to entertain appeals regarding sexual harassment complaints under the A....
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