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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Ashutosh Kumar, Arun Dev Choudhury
Airports Authority of India, represented by the Regional Executive Director – Appellant
Versus
Praveen – Respondent
JUDGMENT :
Ashutosh Kumar, CJ.
We have heard Mr. R. Dubey, learned Advocate for the appellants and Mr. R. Sharma, learned Senior Advocate, assisted by Ms. P. Phukan for the respondent No.1.
2. This intra-Court appeal is directed against the judgment dated 26.02.2024 of the learned Single Judge passed in WP(C) No.949/2023, whereby the observation in the Internal Complaints Committee (hereinafter to be referred as “ICC”) Report that “evidence was lacking”, was expunged and the employer’s decision to institute an independent Departmental Proceeding against the respondent No.1/charged officer was set aside, principally on the ground of Section 10(4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter to be referred as the “2013 Act”).
3. The appellant/employer contends that the learned Single Judge exceeded the writ jurisdiction in disturbing the factual findings of the ICC and that Section 10(4) of the 2013 Act does not bar initiation of disciplinary action by the employer on the basis of independent material, particularly, where the ICC itself had declined to proceed after the conciliation, and that the complainant’s post concili
Independent disciplinary action by an employer under service rules is permissible even after conciliation under the Sexual Harassment of Women at Workplace Act, as Section 10(4) does not bar such inq....
The jurisdiction of the Internal Complaints Committee under the POSH Act extends beyond the respondent's workplace, allowing for inquiries at the aggrieved woman's workplace, thus upholding the Act's....
The Internal Complaints Committee lacks jurisdiction under the Sexual Harassment Act when allegations do not qualify as sexual harassment within its definition.
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 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 court emphasized the importance of an independent departmental inquiry and the principles of natural justice in disciplinary proceedings.
The main legal point established in the judgment is that the procedure for conducting an inquiry into a complaint of sexual harassment must be fair, impartial, and aligned with the principles of natu....
The court upheld the initiation of departmental proceedings under the Gujarat Civil Services (Conduct) Rules, 1971, and rejected the petitioner's contentions regarding the reliance on an anonymous co....
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