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2016 Supreme(Del) 3877

NAJMI WAZIRI
MANJEET SINGH – Appellant
Versus
INDRAPASTHA GAS LIMITED – Respondent


Advocates Appeared:
For the Petitioner: Atyab Siddiqui and Tibah Siddiqui.
For the Respondent: Mr. Sanat Kumar, with Mr. S.K. Pandey and Mr. Yogender Verma.

JUDGMENT :

NAJMI WAZIRI, J.

1. The petitioner seeks quashing of the report dated 31.03.2016 of the Internal Complaints Committee (ICC) of the respondent; quashing of the order dated 18.05.2016 which has reduced the rank of the petitioner to one lower post, i.e., from Vice President (Level-5 Grade) to Chief General Manager (Level-4 Grade); quashing of the order dated 08.07.2016 passed by the Appellate Authority as well as the communication of the order dated 14.07.2016.

2. The petitioner was charged and was found guilty of misconduct which, according to the respondent, would be considered sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The charge relates to a complaint by the petitioner’s Executive Secretary over an alleged incident on 26.01.2016. The initial complaint was made on 08.02.2016 and the subsequent complaint on 11.02.2016, which added many new aspects to the second complaint.

2.1 The complaint dated 08.02.2016 reads as under;

“08/02/2016

To

The Managing Director

Indraprastha Gas Ltd.

New Delhi.

Sub: Harassment of Female Employee.

Dear Sir,

I, Reena Mohanty, Employee No. 259, working as Sr. Executive Secretary att
























































































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