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.

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 on 29.10.2021, pursuant to an order dated 26.10.2021, passed by this Court in B.A. No. 2624/2021.

4. In the meanwhile, on and from 10.08.2021, the ICC had initiated the proceeding against the petitioner. The petitioner appeared in the proceedings on 11.08.2021, and he had sought for 10 (ten) days time to file his written statement. However, before the expiry of the said 10 days time, the petitioner was arrested on 20.08.2021. Therefore, he could not file his written statement and he could not participate in the enquiry conducted by the ICC. On culmination of the ICC enquiry, a report dated 19.11.2021 was submitted wherein recommendation was made for the NRL authorities to take action against the petitioner for sexual harassment as a misconduct in accordance with the provisions of service rules applicable to the petitioner.

5. Aggrieved by the said ICC Report dated 19.11.2021, by submitting a letter dated 14.02.2022, the petitioner had preferred an appeal before the Director (Technical). However, by a reply dated 30.03.2022, the Director (Tech)- and- Managing Director (In-charge) informed the petitioner to address the appeal against the recommendations of the ICC to the authority constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the "PoSH Act, 2013" in short).

6. Hence, by filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside of the ICC Enquiry Report dated 19.11.2021.

7. The learned senior counsel for the petitioner has submitted that in the ICC report dated 19.11.2021 would reflect that the ICC was aware that the petitioner was arrested and taken into judicial custody on 20.08.2021, in connection with Golaghat P.S. Case No. 813/2021. It was submitted that by the time the petitioner was released on 29.10.2021, by that time the ICC had examined all the 14 witnesses in course of proceedings held on 09.09.2021, 10.09.2021 and 05.10.2021. It was further submitted that the ICC had met the petitioner in jail. But as the petitioner was in judicial custody, he was not in a proper frame of mind to take a proper defence and he also did not have any access to any legal advice. Accordingly, it is submitted that the petitioner did not get any opportunity to (a) file his written statement; (b) cross-examine any witness; and (c) to give defence evidence in connection with the said ICC enquiry. Accordingly, it is submitted that the petitioner was not given a reasonable opportunity of being heard in compliance of the principles of natural justice.

8. In support of the submissions, reliance is placed on the second proviso to Section 11 of the PoSH Act, 2013. It is also submitted that under Section 13(4) thereof, based on