IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Union of India - Appellant
Versus
Rajnish Kumar - Respondent
W.P.(C) 6464 of 2021, CM 20339 of 2021
Decided On : 22-07-2021
| Table of Content |
|---|
| 1. allegation of sexual harassment and inquiry report. (Para 1) |
| 2. challenge to the complaint and inquiry report. (Para 2) |
| 3. request for expedited proceedings by the tribunal. (Para 3) |
| 4. final order for closure of pending applications. (Para 4) |
JUDGMENT
Rajiv Shakdher, J.: (ORAL)
[Court hearing convened via video-conferencing on account of COVID-19]
1. This writ petition is directed against the orders dated 30.10.2018 and 17.01.2019 passed by the Central Administrative Tribunal (in short `the Tribunal') in O.A. No.2130/2018.
1.1. Ms. Arti Bansal, who appears on behalf of the petitioners, says that the impact of the impugned interlocutory orders passed by the Tribunal is that the petitioners are not able to continue with the disciplinary proceedings.
1.2. According to Ms. Arti Bansal, a charge memo has been served on the respondent.
1.3. To be noted, there is no dispute about the fact that the Internal Complaint Committee (ICC) has rendered an inquiry report qua the respondent, concerning the allegation made against him by a female employee engaged with the National Film Development Corporation Limited (NFDC). The allegation made by the complainant is that she was subjected to sexual harassment by the respondent. The ICC submitted the enquiry report, in this behalf, on 23.02.2018.
2. Mr. Mukti Bodh, who appears on behalf of the respondent, says that the respondent has challenged, before the Tribunal, the complaint, dated 01.11.2017, and the aforementioned inquiry report, dated 23.02.2018. 2.1. Besides this, Mr. Bodh says that, the consequential orders, issued by the petitioner nos. 1 to 3, have also been challenged before the Tribunal.
3. Having regard to the fact that the Tribunal is seized with the main matter, we are inclined to dispose of the writ petition with a request to the Tribunal to dispose of the pending application, i.e., O.A. No.2130/2018, titled `Rajnish Kumar v. Union of India & Ors.' at the earliest, though not later than six weeks from the date of receipt of a copy of this judgement.
4. It is ordered accordingly. Pending application shall also stand closed.
The court emphasized the necessity for timely resolution of tribunal applications to facilitate uninterrupted disciplinary proceedings and uphold the integrity of the process.
The main legal point established in the judgment is the requirement to address the petitioner's claim regarding the disciplinary authority and the possibility of victimization, and the court's author....
Disciplinary proceedings may continue only with proper justification, even after compulsory retirement, pending Tribunal's assessment of the circumstances.
The court reinforces the responsibility of disciplinary authorities to make timely decisions on inquiries, ensuring procedural fairness for affected parties.
Disciplinary proceedings must be concluded expeditiously, and both parties bear responsibility for delays; the respondent's participation is essential for a just resolution.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
The Tribunal's dismissal of an application based solely on limitation, without addressing substantive legal claims, constitutes a reversible error warranting judicial intervention.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.