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Vijay Dhaker S/o. Sh. Balu Lal Dhaker – Appellant
Versus
Nuclear Power Corporation of India Ltd. (NPCIL) – Respondent
ORDER :
1. This writ petition has been filed by the petitioner seeking the following reliefs :
(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) T
The report of the ICC should be treated as a preliminary/fact-finding report and disciplinary proceedings should be initiated by serving a formal charge-sheet under rule 12 of the D & A Rules of 1996....
The Disciplinary Authority must record reasons for remitting an inquiry report; failure to do so violates procedural fairness and the principles of natural justice.
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
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 main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
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