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2014 Supreme(Gau) 308
HIGH COURT OF GAUHATI
(THE HIGH COURT OF ASSAM : NAGALAND : MIZORAM AND ARUNACHAL PRADESH)
UJJAL BHUYAN, J.
SMT. SARITA DAS, NO. 004341215 EX-LADY CONSTABLE, C/O. SRI NERAN HAZARIKA, BAPUJI PATH WARD NO. 4 NAZIRA, P.O. & P.S. – NAZIRA, DIST – SIVASAGAR (ASSAM) - 785685. - Petitioner
Versus
THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI – 110001. - Respondents
WP(C) No. 6403 OF 2011
Decided on: 03.04.2014
For the Petitioner:Dr. JL Sarkar, Advocate, Mr. M Chanda, Advocate, Mr. S Choudhury, Advocate, Ms. U Dutta, Advocate.
For the Respondents: Mr. D Baruah, Central Govt. Counsel.
Headnote:
Constitution of India - Article 226 - Sexual harassment complaint – Allegation – Assistant - On receipt of aforesaid complaint a Complaint Committee was constituted by CISF Headquarters to enquire into complaint of sexual harassment submitted by petitioner against Commandant, CISF Group Headquarters, Kolkata was Chairperson of Complaint Committee – Held, It must not be overlooked that a woman or a girl subjected to sexual assault is not an accomplice to crime but is a victim of another person’s lust and it is improper and undesirable to test her evidence with a certain amount of suspicion treating her as if she were an accomplice - It is a clear case of victimization of victim against which Humble Supreme Court had cautioned in higher authorities of CISF appellate authority and provisional authority failed to rise to occasion and thus wittingly or unwittingly became a party to victimization of petitioner who was a victim of sexual harassment at hands of her Supervisory Officer – Petition allowed
This case was heard on 27.03.2014, and today is fixed for delivery of judgment.
2. By way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 29.10.2010, passed by the Commandant, Central Industrial Security Force (CISF), ONGC, Nazira, imposing the penalty of dismissal from service on the petitioner as well as order dated 24.01.2011, passed by the appellate authority, dismissing the appeal filed by the petitioner against the order of penalty and the order dated 26.07.2011, passed by the Inspector General, CISF, NES, dismissing the revision petition filed by the petitioner. Petitioner also seeks other reliefs such as quashing of a portion of the report of the Complaint Committee dated 07.11.2007 on a sexual harassment complaint lodged by the petitioner against her superior officer and the charge memo dated 06.01.2010.
3. Facts of the case may be briefly noted.
4. At the relevant point of time, petitioner was working as lady Constable in the CISF Unit, Lilabari Airport, North Lakhimpur (Assam). She lodged a complaint dated 28.09.2006 before the Director General, CISF alleging that on the night of 22.09.2006, Sri CL Ganjir, Assistant Commandant of the CISF Unit, Lilabari Airport entered into her quarter and attempted to rape her.
5. On receipt of the aforesaid complaint, a Complaint Committee was constituted by the CISF Headquarters on 27.10.2006 to enquire into the complaint of sexual harassment submitted by the petitioner against Sri CL Ganjir. Ms. Jayati Ghosh, Commandant, CISF Group Headquarters, Kolkata, was the Chairperson of the Complaint Committee.
6. It appears that following the complaint made by the petitioner, Sri CL Ganjir was placed under suspension vide order dated 24.09.2006.
7. The Complaint Committee enquired into the complaint of the petitioner. Sri CL Ganjir denied the allegation made against him by the complainant and alleged that he was trapped in a false and fabricated case in a pre-planned manner by a group of CISF personnel of that unit who were against him. The Complaint Committee thereafter examined witnesses produced by both the sides.
8. On conclusion of the inquiry, the Complaint Committee submitted its report dated 07.11.2007 concluding that a prima facie case of an attempt to molest the petitioner partially exists against Sri CL Ganjir.
9. The disciplinary authority of Sri CL Ganjir vide letter dated 04.12.2007 furnished him a copy of the report of the Complaint Committee to enable him to submit his representation, if any, thereon. Sri CL Ganjir, thereafter submitted his representation dated 24.12.2007. The disciplinary authority considered the report of the Complaint Committee, representation of Sri Ganjir and other materials on record. It, thereafter, came to the conclusion that ends of justice would be met, if the penalty of compulsory retirement was imposed on Sri Ganjir. Union Public Service Commission (UPSC) was consulted, and after considering the advice tendered by the UPSC, order dated 09.03.2009 was passed by the disciplinary authority in the name of the President of India, concluding that Sri CL Ganjir be awarded the penalty of compulsory retirement, which was accordingly ordered.
10. According to the petitioner, after about 9 months of the passing of the aforesaid order, Sri CL Ganjir submitted a representation dated 02.12.2009 before the Deputy Inspector General, CISF Unit, ONGC, Nazira, alleging that he was trapped in a false case of attempt to outrage the modesty of the petitioner and requested the authority to initiate disciplinary action against the petitioner. At that point of time, petitioner was posted at Nazira Sector of CISF Unit, ONGC, Nazira.
11. Commandant, CISF Unit, ONGC, Nazira issued charge memo dated 06.01.2010, proposing to hold an inquiry against the petitioner under Rule 36 of the CISF Rules, 2001. Two charges were framed against the petitioner, which will be adverted to in detail in the later sta
