2022 Supreme(Raj) 676
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, J.
Vijay Dhaker S/o. Sh. Balu Lal Dhaker - Petitioner
Versus
Nuclear Power Corporation of India Ltd. (NPCIL) & Ors. - Respondents
S.B. Civil Writ Petition No. 12266 of 2021
Decided On : 06-04-2022
For the Petitioner: Mr. R.S. Saluja.
For the Respondent: Mr. Sanjay Nahar, Mr. Pushkar Tamini.
Headnote:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – Central Civil Services (Classification, Control & Appeal) Rules, 1965 – Rule 14(2) – NPCIL (Discipline & Appeal) Rules, 1996 – Writ petition has been filed by petitioner seeking reliefs – Held, Even if plea regarding requirement of purported appeal to be decided by entire Board of Directors was to be accepted, remand of matter for decision by entire Board of Directors in present circumstances would be an absolute futile exercise, in view of express appellate provisions, as noticed hereinbefore – It may also be noticed at this stage that plea regarding lack of jurisdiction in passing the order (Annex.16) and 6/8/2021 (Annex.27) was not raised in writ petition and it is only during course of filing rejoinder/reply to sur-rejoinder that issue has been highlighted leaving aside original pleas raised in writ petition – Writ petition dismissed.
ORDER :
1. This writ petition has been filed by the petitioner seeking the following reliefs :
“It is, therefore, respectfully prayed that this writ petition of the petitioner may kindly be allowed and by an appropriate writ, order or direction:-
(I) The Inquiry Report prepared by the Internal Complaint Committee (ICC) on07.10.2019 (Annex.3) being in violation of Section 11(1) (2nd proviso) of the Act of 2013 may kindly be quashed and set aside.
(II) The Memorandum dated 10.12.2019 (Annex.4) issued on the basis of inquiry report dated 07.10.2019 may kindly be quashed and set aside.
(III) The inquiring committee may kindly be restrained from proceeding further with the inquiry, in pursuance of Memorandum dated 10.12.2019 (Annex.4) issued to petitioner.
(IV) For purpose of granting aforesaid relief, Annex-16 dated 07.07.2021 passed by Disciplinary Authority may kindly be quashed and set aside.
(V) Further to aforesaid, Annexure-27 dated 06.08.2021 purporting to be passed by Board of Directors on appeal of petitioner may kindly be quashed and set aside.
(VI) The respondents may further be directed, abide by the directions of the Hon’ble Court in its decision dated 03.11.2020 (Annex.8).
(VII) The petitioner may also be granted relief in consonance with the facts stated and the grounds taken in the memo of writ petition. (VIII)Writ petition filed by the petitioner may also kindly be allowed with costs.”
2. However, during the course of submissions, on 29/3/2022 learned counsel for the petitioner did not press the reliefs except relief no. (IV) & (V) (supra) in relation to the orders dated 7/7/2021 (Annex.16) and 6/8/2021 (Annex.27), qua other reliefs claimed by the petitioner, it was submitted that review petition in relation to the order dated 3/11/2020 passed by this Court is pending consideration.
3. A complaint came to be made against the petitioner under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘the Act, 2013’). An inquiry was conducted by the Internal Complaints Committee under the Act, which gave its report dated 5/10/2019 (Annex.3). Pursuant to the said report, wherein, the Committee came to the conclusion that the complaint made by the complainant was proved beyond reasonable doubt, on 10/12/2019, the CMD and Disciplinary Authority issued charge sheet to the petitioner (Annex.4), which was responded by the petitioner. However, by order dated 4/2/2020 (Annex.6) the Disciplinary Authority appointed the Internal Complaints Committee as the Inquiring Authority in view of proviso to Rule 14(2) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (‘the Rules, 1965’).
4. The petitioner sought change in the Inquiring authority and, thereafter, approached this Court by filing S.B. Civil Writ Petition No. 8259/2020, which petition came to be decided by order dated 3/11/2020 by a coordinate bench of this Court, wherein, the Court came to the conclusion that no interference at that stage was warranted/no intervention was required and there was no reason to apprehend that the committee constituted to look into the charges framed against the petitioner will not abide by law. The Court also came to the conclusion that in terms of Rule 14(2) of the Rules the same member can conduct disciplinary inquiry and directed that the committee will conduct the inquiry without being influenced by the Internal Inquiry Report dated 7/10/2019 (5/10/2019) and shall adhere to principles of natural justice and proceed in accordance with law. Further the petitioner was left free to take appropriate legal remedy against the final order.
5. Whereafter, the inquiry proceeded. The petitioner filed several applications before the Inquiring Authority and before the Disciplinary Authority. On 13/5/2021, the petitioner made a complaint to the CMD and Disciplinary Authority, wherein, the petitioner requested the competent authority to quash the inquiry report dated 7/10/2019 before i