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DINESH MEHTA
Vishvas Shankar Raval – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
JUDGMENT :
(Dinesh Mehta, J.) :
LA. No. 01/2021
1. The respondent - Indian Oil Corporation Ltd. (hereinafter referred to as ‘Corporation’) has preferred the present application under Article 226(3) of the Constitution of India and prayed that the interim order passed by this Court on 19.07.2021 be vacated.
2. Apropos to the present application, some facts are necessary to be narrated, which are:— the petitioner is working on the post of Senior Engineer Assistant (Mech) with the respondent - Corporation a complaint came to be filed by the respondent no. 5 to the Officer of the respondent - Corporation on 13/14.04.2021, reporting that someone came at around 1:00 am on 13.04.2021 and knocked at the door of her residence and when she saw from the door lens, she found that the petitioner was standing in front of the door.
3. The said complaint was followed by subsequent email dated 28.04.2021 and 01.05.2021, more or less narrating the same incident with some additions thereto.
4. Be that as it may. Acting on the complaint(s) so filed, the respondent - Corporation issued a show cause notice dtd. 30.4.2021 to the petitioner asking him why disciplinary action should not be initiated against him
Removal of service - Sexual harassment at work place - Regular enquiry conducted by the ICC - No disciplinary enquiry is necessary and based upon ICC enquiry officer’s report, the respondents have ri....
The court emphasized that an employer must await the Internal Complaints Committee's recommendation during an inquiry before transferring an employee involved in a sexual harassment complaint, as per....
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....
The Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
The inquiry by the Internal Complaints Committee (ICC) is a full-fledged enquiry, and the recommendations of the ICC report, if finalized, are binding upon the employer. The employer is obligated to ....
Point of law; When the competent authority recorded its satisfaction based on the material placed before him along with the complaint that itself suffice to place a Government servant under suspensio....
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