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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Arun Bhansali, J.
Punjab National Bank & Ors. – Appellant
Versus
Punjab National Bank & Ors. – Respondent
S.B. Civil Writ Petition No. 14558/2022 Connected with S.B. Civil Writ Petition No. 11792/2022
Decided On : 03-01-2023
Sexual Harassment - Transfer Order - Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 - Section 11, 12, 13, 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 Work Place (Prevention, Prohibition and Redressal) Act, 2013. The petitioner's representation seeking transfer to a nearby branch was rejected, leading to the filing of the writ petition.
Finding of the Court:
The court found that the ICC's actions and the respondent's decision were in violation of the statutory procedure and principles of natural justice. The court quashed the ICC's guilty finding, remanded the matter back to the ICC, and directed the respondent-Bank to reconsider the petitioner's transfer request. The court also directed the ICC to conclude the inquiry promptly and the respondent-Bank to address the petitioner's representation within ten days.
Issues: Validity of transfer orders, ICC's actions, petitioner's representation, compliance with statutory procedure and principles of natural justice
Ratio Decidendi: The court held that the ICC and respondent's actions were in violation of the statutory procedure and principles of natural justice, leading to the quashing of the guilty finding and remand of the matter back to the ICC. The court also directed the respondent-Bank to reconsider the petitioner's transfer request and address the representation promptly.
Final Decision: CWP No.14558/2022 is partly allowed, quashing the ICC's guilty finding and remanding the matter back to the ICC. The transfer order is held to be an interim measure, and the respondent-Bank is directed to reconsider the petitioner's transfer request. CWP No.11792/2022 stands disposed of in light of the order passed in CWP No.14558/2022.
JUDGMENT
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 s
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