The court emphasized that an employer must await the Internal Complaints Committee's recommendation during an inquiry before transferring an employee involved in a sexual harassment complaint, as per Sections 12(1)(a) and 19 of the Act.

ORDER :

Sanjay K. Agrawal, J.

1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has called in question legality, validity and correctness of order dated 31-7-2025 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (CAT) in Original Application No.525/2025, by which his application under Section 19 of the Administrative Tribunals Act, 1985, has been rejected finding no merit.

Proceedings before the Central Administrative Tribunal

2. The intervener/complainant being a Safai Karmachari on contractual basis, lodged a complaint of sexual harassment against the petitioner on 26-4-2025 before the President, National Women Commission, New Delhi and copy of the same was also forwarded to the Executive Director (Medical & Health Services), Bhilai Steel Plant and on the same day, the complainant was transferred by the contractor on her own request. However, thereafter, on 28-4-2025, the complaint was forwarded to the Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short, ‘the Act of 2013’) for appropriate action. The Internal Complaints Committee convened meeting on the next day i.e. on 29-4-2025 and took cognizance of the complaint. On 1-5-2025, letter dated 30-4-2025 was served upon the complainant/intervener to provide a copy of the complaint along with relevant documents and list of witnesses. Next day on 2-5- 2025, in compliance of the letter served to the complainant, the complaint was again forwarded to the Internal Complaints Committee and enquiry was initiated against the petitioner. On 5-5- 2025, the Internal Complaints Committee, vide Annexure P-13, noticed the petitioner herein to submit his explanation which he submitted on 22-5-2025. In the meanwhile, on 30-4-2025, a note sheet was initiated by the DGM (M&S) recommending the transfer of the petitioner on the ground of the complaint of sexual harassment made by the intervener and acting upon the said complaint and the note sheet, on 14-5-2025, vide Annexure P-3, the order of transfer of the petitioner from Jawaharlal Nehru Hospital, Sector-9, Bhilai to Nandini Mines was passed and he was relieved on 19-5-2025 vide Annexure P-4. Thereafter, on 27-5-2025, the petitioner herein being aggrieved by the order of transfer, filed an original application before the CAT being O.A.No.525/2025, in which, though on 2-6-2025, interim order was passed and the order of transfer was kept in abeyance, however, after hearing the parties and after reply having been filed by the other side, by order dated 31-7-2025, the original application was dismissed by the CAT finding no merit against which the petitioner has filed this writ petition on 5-8-2025.

Subsequent Development during pendency of Writ Petition

3. In the writ petition filed, this Court issued notices to the respondents on 13-8-2025 and during the pendency of writ petition, the Internal Complaints Committee submitted its report on 18-8-2025 and supplied a copy of the report to the petitioner holding that the allegation of sexual harassment alleged to have taken place on 26-4- 2025 is not established and it has been further held that the Committee has not found any sufficient ground to hold the petitioner guilty, which the petitioner has filed before this Court on 21-8-2025 and thereafter, interim order was passed on 22-8-2025 in favour of the petitioner. Meanwhile, it is the case of the intervener/ complainant/aggrieved woman that on 1-9-2025, she has pr