Point of Law: Once allegation of sexual assault never came to be proved, mere omission, if any, on the part of the petitioner to render written apology to respondent No.3 may not be reason to initiate disciplinary proceedings against the petitioner.

JUDGMENT :

Sandeep Sharma, J.

Since both the petitions have arisen from common cause of action and in both the cases, parties are same, these matters were heard together and are now being disposed of vide common judgment.

2. Precisely the facts as emerge from the record are that petitioner was appointed as Assistant Extension Specialist (Agroforestery/Forestry) at KVK, CSKHPKV Kukumseri on 7.4.2006. Thereafter, he served at KVK Kangra, from where he was transferred to KVK Hamirpur at Bara on 9.9.2019/29.6.2010 with additional work of Programme Coordinator. At KVK, Hamirpur at Bara, respondent No.3 was also working as a Farm Manager. Petitioner after having found certain discrepancies in the stock register and crop register maintained by respondent No.3 called for clarification from her, but in vain. On 14.11.2019, one Sh. Dinesh Kumar Sharma, Farm Manager, took over the charge of vegetable/nursery from respondent No.3. Since aforesaid officer found certain discrepancies, he wrote letter to the petitioner showing the discrepancies in the stock register and crop register. Petitioner submitted show cause notice to respondent No.3 qua the discrepancies pointed out by Mr. Dinesh Kumar Sharma, Farm Manager, however respondent No.3 instead of replying to the aforesaid show cause notice, filed complaint of sexual harassment at work place against the petitioner that too after 20 days of the incident. Petitioner though filed detailed reply on 8.9.2020, thereby denying all the allegations leveled against him by respondent No.3, but respondent No.1 having taken note of the gravity of offence alleged to have been committed by the petitioner constituted Internal Complaint Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short “the Sexual Harassment Act” ), headed by Ms. Vedna Kumari and other members. Internal Complaint Committee after having investigated the matter submitted inquiry report (P-6) vide communication dated 20.1.2021, which reads as under:

“Findings of the Committee:

As per the allegations leveled by the complainant, Mrs. Rekha Dogra, the committee could establish only one allegation that Dr. Parveen Sharma had visited her residence during odd/off hours on 29.7.2020 as the same has been confessed by the respondent, Dr. Parveen Sharma as well in his written statement. However, Mrs Rekha Dogra could not provide any evidence/witness for her allegation that Dr. Parveen Sharma also made inappropriate physical contact (patting) to her in her residence at that moment. The two witnesses, Sh. Moti Ram and Sh. Desh Raj also could not corroborate her allegation in their written statements.

Mrs. Rekha Dogra could not produce the conversation details of phone calls dated 29.7.2020 to substantiate her allegations.

As per the allegations leveled by Mrs. Rekha Dogra that Sh. Moti Ram had come inside the official room of Dr. Parveen Sharma on 29.7.2020 at about 5.00 PM when she was already present there. But, SMoti Ram denied her allegation that he had entered to the official room of Dr. Parveen Sharma at that moment. He further informed the committee that both Dr. Parveen Sharma and Mrs. Rekha Dogra were present in their respective official rooms.

The allegation of demanding some sort of favours by Dr Parveen Sharma from Mrs. Rekha Dogra on 24.7. 2020 could not be established as he was out of station on official work at CSK HPKKV, Palampur on that day.”

3. On the basis of aforesaid findings, Committee made following recommendations:

“Recommendations of the committee:

1. Since the discrepancies have been reported by Dr. Parveen Sharma in the stock registers handled by Mrs. Rekha Dogra, a proper enquiry is suggested to find out the facts.

2. Since Dr. Parveen Sharma has refused to make a written apology to Mrs. Rekha Dogra in the matter that he had visited her residence during odd/off hours on 29.7.2020 evening, necessary action may be initiated against him in accordance with the service rul