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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
| Table of Content |
|---|
| 1. details of the complaint and icc findings. (Para 2 , 4 , 6) |
| 2. arguments of both parties regarding disciplinary action. (Para 3 , 7) |
| 3. court's analysis of section 10(4) and its implications. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. extraction of section 10 of the 2013 act. (Para 9) |
| 5. conclusion of the court's decision. (Para 17) |
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
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....
Sexual Harassment at Workplace – Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013is a minimum protective statute and does not curtail disciplinary jurisdictio....
The inquiry by the Internal Complaints Committee (ICC) is a full-fledged enquiry, and the recommendations of the ICC report, if finalized, are binding upon the employer. The employer is obligated to ....
The Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
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....
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....
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