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2016 Supreme(Ker) 438

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
UNION OF INDIA – Appellant
Versus
V. S. JAITHA, SENIOR ACCOUNTANT, OFFICE OF THE ACCOUNTANT, GENERAL (A & E), KERALA, THIRUVANANTHAPURAM – Respondent


Advocates Appeared:
For the Appellant : SRI.RAJIV SHAKDHAR (SR), SRI.V.V.ASHOKAN,SC
For the Respondent: SRI.M.K.DAMODARAN (SR.), SRI.P.K.VIJAYAMOHANAN, SRI.ALAN PAPALI, SRI.N.N.ARUN BECHU

JUDGMENT :

P.R. Ramachandra Menon, J.

Whether a compliant preferred by the victim with the allegation of 'sexual harassment' in the workplace, has to be scrutinised by the 'Complaints Committee' itself, to form an opinion as to involvement of any such instance of sexual harassment before proceeding with further steps or whether it could be examined by the 'Disciplinary Authority' at the first instance to see whether it involves any such misconduct to be proceeded with, by the enquiring authority [who is the Complaints Committee in terms of the verdict of the Apex court in Vishaka and others vs. State of Rajasthan and others (AIR 1997 SC 3011)], is the basic point to be considered in this writ petition.

2. The petitioners were the respondents before the Tribunal. The office of the 5th petitioner was being held by the 4th petitioner in his capacity as the Accountant General (A&E) Kerala. During the relevant time, the Accountant General's office was entrusted with the task of implementation of one rank one pension scheme for the State Government employees in the year 2006. Consider
















































































































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