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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Surender Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
"I. Issue a Writ of Certiorari for quashing of the order dated 21.10.2022 whereby the Internal Complaints Committee was constituted to inquire into the allegations of sexual harassment, any such orders passed in furtherance thereof including the ones that has not even been communicated, order dated 03.11.2022 whereby the Respondents have rejected the representation of the Petitioner, signal dated 03.11.2022 whereby the Respondents have proceeded ahead with the first stage of the inquiry process, order dated 16.11.2022 whereby the Respondents have suspended the Petitioner on ground of contemplated/pending inquiry and of the Standing Order 02/2017 issued by the Respondents to the extent whereby it contravenes the already established statute, being the Central Civil Services (Classification, Control and Appeal) Rules, 1965 as well as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act & Rules.
II. Issue a Writ of Mandamus directing the Respondents to conduct the inquiry, if need be, in strict terms of Rule 14 (2) of the CCS (CCA) Rules and the relevant provisions of the Sexual Haras
The court upheld the petitioner's request for a writ of certiorari to quash specified orders and directed a fresh inquiry by the ICC, ensuring the petitioner's rights under the relevant rules.
Inquiries under the Sexual Harassment Act must be conducted where witnesses reside to ensure fairness, and parties must exhaust appellate remedies before seeking judicial review.
Fairness and compliance with statutory provisions are essential in the inquiry process under the Sexual Harassment of Women at Workplace Act, mandating prompt decisions on representations.
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....
The court affirmed the necessity of adhering to the principles of natural justice in disciplinary inquiries related to sexual harassment.
The central legal point established in the judgment is the importance of complying with the statutory provisions and principles of natural justice in cases of alleged sexual harassment at the workpla....
An Internal Complaints Committee under the POSH Act must be constituted to maintain impartiality and avoid conflict of interest, ensuring that the presiding officer and members meet the requisite sen....
The Internal Complaints Committee lacks jurisdiction under the Sexual Harassment Act when allegations do not qualify as sexual harassment within its definition.
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