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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ARUN BHANSALI, J.
Mahendra Singh Rajawat S/o Late Shri Jai Singh Rajawat – Petitioner
Versus
Punjab National Bank, Dwarka New Delhi – Respondent
S.B. Civil Writ Petition Nos. 11792, 14558 of 2022
Decided On : 03-01-2023
Sexual Harassment - Workplace Transfer - Act, 2013, Section 11, 12, 13 - Rules, 2013, Rule 7
Fact of the Case:
The petitioner challenged the validity of transfer orders and the report of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace Act, 2013. The petitioner's representation seeking transfer to a nearby branch due to family circumstances was rejected by the respondent-Bank.
Finding of the Court:
The court found that the ICC and the respondent-Bank violated the statutory provisions and principles of natural justice in conducting the inquiry and arriving at a finding against the petitioner. The court held the inquiry report of the ICC as quashed and set aside, remanding the matter back to the ICC to conduct the inquiry in accordance with the Act, Rules, and the Bank's policy. The court also directed the respondent-Bank to reconsider the petitioner's representation for transfer.
Issues: Violation of statutory provisions and principles of natural justice by the ICC and the respondent-Bank, rejection of petitioner's representation for transfer based on family circumstances.
Ratio Decidendi: The ICC and the respondent-Bank's actions were found to be in violation of the statutory provisions and principles of natural justice. The court directed the remand of the matter to the ICC for a proper inquiry and reconsideration of the petitioner's representation for transfer.
Final Decision: The inquiry report of the ICC was quashed and set aside, remanded back to the ICC for a proper inquiry. The transfer order was held to be within the interim measure of the Act, and the respondent-Bank was directed to reconsider the petitioner's representation for transfer.
ORDER :
1. These writ petitions have been filed by the petitioner aggrieved against the action of the respondents against the petitioner under the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (‘the Act’) and Rules made thereunder (‘the Rules’).
2. CWP No. 11792/2022 was filed questioning the validity of transfer order dated 22.7.2022, consequential relieving order dated 22.7.2022, report of the Internal Complaints Committee (‘ICC’) dated 15.7.2022 along with the recommendations made by it.
3. During pendency of the said writ petition, by order dated 18.8.2022, noticing various contentions raised by the petitioner and the fact that the representation made by the petitioner was pending, while issuing notices, the competent authority of the respondent-Bank was directed by this Court to decide the pending representation of the petitioner by a speaking order.
4. On decision of the representation by order dated 25.8.2022, CWP No. 14558/2022 has been filed by the petitioner questioning the validity of all the previous orders i.e. transfer order dated 22.7.2022, relieving order dated 22.7.2022, report of the ICC dated 15.7.2022 along with order dated 25.8.2022 rejecting the representation of the petitioner.
5. It is inter-alia indicated in the petition, after giving a background pertaining to the complaints made by the complaint in the past, that a complaint dated 5.7.2022 (Annex.4) was filed by the complainant against the petitioner purportedly alleging molestation and harassment at work place. The competent authority forwarded the complaint to the ICC, which visited the branch where the petitioner was serving on 14.7.2022 and held inquiry including seeking petitioner's explanation.
6. The petitioner submitted his explanation alleging the complaint as malicious and false. On the same day i.e. 15.7.2022, a report was submitted by the ICC, which found the petitioner guilty and recommended that the petitioner be transferred to some other branch, based on which, order dated 22.7.2022 (Annex.7) was passed by the respondent requiring transfer of the petitioner to branch Khara and required that he must report at the said branch. On the same day vide Annex.8, the petitioner was relieved for reporting at branch Khara.
7. The petitioner objected to the action of the respondents in transferring the petitioner on several grounds including the fact that his wife was suffering from serious ailments and had been operated for brain tumor and requiring that he may be transferred to any branch nearby. The petitioner also filed representation seeking copy of the complaint and the report of the ICC, which formed the basis of taking action against the petitioner. The petitioner also questioned the passing of the order of transfer in absence of any administrative exigency or public interest and made reference to the provisions of the Act, 2013 and Rules, 2013, along with the policy issued by the Bank and alleged that entire action was in infraction of the said provisions.
8. The petitioner filed CWP No. 11792/2022 raising all the issues and as noticed on 18.8.2022 order was passed seeking the respondents to decide the pending representation of the petitioner. The said representation has been decided on 25.8.2022 (Annex.11) refuting the allegations made in the representation and reiterating that the prayer made by the petitioner seeking transfer to a branch nearby did not find favour with the competent authority.
9. Feeling aggrieved, the present writ petition has been filed by the petitioner.
10. Learned counsel for the petitioner made vehement submissions that the entire action of the respondents is ex-facie contrary to the provisions of the Act, 2013 & Rules, 2013 and Policy formulated by the Bank. Submissions have been made that in terms of second proviso to Section 11 of the Act, during course of inquiry the petitioner should have been given an opportunity of being heard and a copy of the findings
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