Point of Law: 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.

ORDER :

Being aggrieved and dissatisfied with order dated 18.12.2017 (Annexure-11), whereby Principal Secretary (Home) to the Government of Himachal Pradesh, remanded the inquiry back to the Complaint Committee on Sexual Harassment to further inquire into the matter in accordance with the provisions of Rule 14 of the CCS(CCA) Rules, 1965 and memorandum dated 20.4.2018 (Annexure A-13) issued by the Internal Complaint Committee, headed by Deputy Inspector General of Police, TTR, HP Shimla-2, petitioner approached the erstwhile HP State Administrative Tribunal by way of OA No. 2464 of 2018, which now on account of its abolishment stands transferred to this Court for adjudication, praying therein for following main reliefs:

“That the impugned orders Annexures A-10, A-11 and A-13 may very kindly be quashed and set aside and further the entire proceedings with respect to the enquiry may very kindly be quashed and set-aside.”

2. For having bird’s eye view, certain undisputed facts as emerge from the pleadings adduced on record by the respective parties are that an anonymous complaint filed by one lady constable of First Reserved Battalion Junga, District Shimla, leveling therein serious allegation of sexual harassment against the petitioner, who at that relevant time was working as Additional Superintendent of Police, First Battalion Junga, came to be addressed to Director General of Police (Annexure A-1). In the aforesaid complaint, precisely, the allegation against the petitioner was that some lady constable posted at First Battalion Junga was being harassed sexually and mentally by the petitioner. Director General of Police having taken note of contents of the complaint as detailed herein above, constituted a Fact Finding Committee to ascertain the correctness of the allegations contained in the anonymous complaint, however, the allegations were not found correct and as such, no further action, if any, was taken by the office of Director General of Police. But since complainant had also addressed the aforesaid complaint to other authorities including the Principal Secretary (Home) to the Government of Himachal Pradesh, matter subsequently came to be inquired by respondent No.3, who vide notice/communication dated 16.9.2016 (Annexure A-2) directed the petitioner to attend her office in connection with inquiry on 19.9.2016. Interestingly, respondent No.3, before issuing aforesaid notice dated 16.9.2016, to the petitioner, had already recorded the statements of the lady constables posted at First Reserved Battalion Junga (Annexure A-3) as is evident from the date mentioned by the witnesses under their signatures. Petitioner apart from presenting himself before respondent No.3 filed a detailed reply (Annexure A-4) to the complaint lodged against him, specifically refuting therein allegations contained in the anonymous complaint (A-1). Vide communication dated 28.9.2016 (Annexure A-5) respondent No.3 after having received reply filed by the petitioner afforded an opportunity to the petitioner to lead evidence, if any, in defence on 30.9.2016. On 30.9.2016, statement of defence witnesses, ten in number, was recorded jointly by respondent No.3 (Annexure A-7). Respondent No.3 after having recorded statement of defence witnesses and without affording an opportunity of cross-examination to the petitioner proceeded to submit final report of inquiry against the petitioner recommending therein action under the conduct rules and ethics of the police department.

3. Being aggrieved and dissatisfied with aforesaid inquiry report submitted by the Sexual Harassment Committee, petitioner filed a detailed representation to the Principal Secretary (Home) to the Government of Himachal Pradesh (Annexure A-9). In the aforesaid representation, petitioner besides highlighting the number of procedural irregularities committed by the Sexual Harassment Committee, raised specific issue with regard to non-compliance of provisions contained under CCS (CCA) Rules, 196