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KALYAN RAI SURANA
Nihar Prasad Sharma – Appellant
Versus
Numaligarh Refinery Limited – Respondent
JUDGMENT :
Kalyan Rai Surana, J.
1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. P. Kataki, learned counsel for the petitioner. Also heard Mrs. M. Hazarika, learned senior counsel, assisted by Mr. D. Khan, learned counsel for the respondent nos. 1 to 4 and Mr. S. Banik, learned Legal Aid counsel for respondent no.5.
2. In brief, the case of the petitioner is that on 28.07.2021, while he was working as the Deputy General Manager (Instrumentation)- cum- Head of the Instrumentation Department, NRL, Numaligarh, the respondent no. 5 had made a complaint before the Presiding Officer, Internal Complaints Committee of Sexual Harassment of Women at Workplace, NRL (ICC for short), inter alia, alleging that the petitioner had given her a drink and thereafter, she became unconscious and during that period her body was violated by the petitioner.
3. On 19.08.2021, the respondent no. 5 had also lodged an FIR before the Golaghat Police Station against the petitioner, alleging sexual assault. Accordingly, Golaghat P.S. Case No. 813/2021, under section 354A/376 IPC was registered. The petitioner was arrested on 20.08.2021 in connection with the said police case and he was released
The court emphasized the necessity of adhering to natural justice principles, ruling that the petitioner must be given a fair opportunity to defend himself in the ICC proceedings.
The IITK Rules for inquiry under the PoSH Act were declared ultra vires, as the IIT lacked authority to frame them, violating principles of natural justice and resulting in the need for a fresh inqui....
The Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
The main legal point established in the judgment is that non-observance of the principle of natural justice, procedural irregularities, and findings based on irrelevant material can vitiate departmen....
Judicial review of ICC inquiries under the PoSH Act is limited to ensuring procedural fairness, allowing flexible application of natural justice suited to complaint sensitivity without imposing rigid....
Removal of service - Sexual harassment at work place - Regular enquiry conducted by the ICC - No disciplinary enquiry is necessary and based upon ICC enquiry officer’s report, the respondents have ri....
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