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Ananta Prasad – Appellant
Versus
Gauhati High Court – Respondent
JUDGMENT :
Achintya Malla Bujor Barua, J.
1. Heard Mr. M.K. Choudhury, learned senior counsel for the petitioner. Also heard Mr. U.K. Nair, learned senior counsel for the respondents No. 1, 2, 3 and 5.
2. Considering the nature of the order proposed to be passed, although it may be a final order in the writ petition, we do not deem it appropriate to issue notices to the respondent No. 4 Ms. Santana Ghosh and respondent No. 6 Mr. Anup Narayan Ghosh.
3. The respondent No. 4 had lodged a written complaint under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short, the Act of 2013), against the petitioner and the said written complaint had resulted in a proceeding under the Act, which is continuing, and in this writ petition the Court is not required to go into the question of the legality and validity of such proceeding. Alternatively, an independent disciplinary proceeding was also initiated against the petitioner, purportedly on the same cause of action, wherein an order of suspension was also passed against the petitioner. The independent disciplinary proceeding and the order of suspension are assailed in this petition, wh
Point of law; When the competent authority recorded its satisfaction based on the material placed before him along with the complaint that itself suffice to place a Government servant under suspensio....
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....
The main legal point established in the judgment is the illegality of the suspension order and the lack of statutory force in the committee for summary trial due to non-compliance with the relevant l....
Suspension of a teacher without initiating disciplinary proceedings is illegal, but ongoing inquiries conducted under statute provisions can validate the suspension.
Point of Law : Employment and Service matter - Disciplinary matters - Prohibition of sexual harassment of working women - Jurisdiction - Grievance of petitioner falls within the ambit of “disciplinar....
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 terms and conditions of employment of both the petitioner and the respondent No.7 crystallized with the acceptance of the appointment letter dated March 25, 2013 in case of the applicant/writ pet....
The report of the ICC should be treated as a preliminary/fact-finding report and disciplinary proceedings should be initiated by serving a formal charge-sheet under rule 12 of the D & A Rules of 1996....
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
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