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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Dr. S. Murugan & Others - Petitioners
Versus
The State of Tamil Nadu, Represented by its Chief Secretary to the Government & Others - Respondents
W.P. Nos. 25213, 23292, 23293, 23846 of 2018 & W.M.P. Nos. 27173, 27174, 27781, 27782, 29320, 29321 of 2018
Decided On : 14-02-2019
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Section 4 - Section 11 - Sections 10 - Section 11(1) - Section 2(a) - Section 2(g) - Section 3 - Section 4 - Section 10 - Constitution of India - Articles 14 and 15 - Right to Information Act,2005 - Section 19(g) - Protection of Human Rights Act, 1993, - Section 2(d) - Industrial Employment (Standing Orders) Act, 1946. - Indian Penal Code, 1860 - Installation Of CCTV In Rooms Of Higher Officials - Safeguard Women Employees - Writ petitioner WP No. challenged constitution of Internal Complaints Committee as well as direction issued by Presiding Officer of Internal Complaints Committee to register a criminal complaint by CBCID Wing of Police Department - Other three writ petitions, Smt. H. Jayalakshmi, who is complainant, in respect of complaint given against Dr. S. Murugan.WP No. is filed for a direction to direct first respondent to transfer fourth respondent to any other Non-sensitive Post outside Directorate of Vigilance and Anti-Corruption pending enquiry into petitioners complaint and further ensure that he does not in any manner handle any work related file pertaining to writ petitioner - WP is filed challenging proceedings of second respondent in relation to Internal Complaints Committee in accordance with Sexual Harassment of Women at Workplace - WP is filed challenging proceedings of fifth respondent stating that incompetency and lack of jurisdiction expressed by Internal Complaints Committee is contrary to law and further direction is sought for to direct fifth respondent to recommend transfer of fourth respondent to a Non-Sensitive Post outside Directorate of Vigilance and Anti-Corruption Department – Held, During pendency of an inquiry, on a written request made by aggrieved woman, Internal Committee or Local Committee, as case may be, may recommend to employer to transfer aggrieved woman or respondent to any other workplace,- This apart, as far as person against whom complaint is made, registration of an FIR is also a ground to initiate departmental disciplinary proceedings - Thus, if investigation is commenced by CBCID police, then all appropriate actions are to be initiated under relevant Service Rules, enabling Investigating Officer as well as Internal Complaints Committee to proceed with matter in an unbiased manner and fairly - All such required actions are to be initiated by State as well as Head of Department to conduct free, fair and unbiased enquiry and investigations are done properly - Chief Secretary to Government/first respondent in WP, is directed to initiate all required further actions against Dr. S. Murugan, IPS under relevant Service Rules, which are necessary under facts and circumstances of case and, with reference to complaint submitted by Smt. H. Jayalakshmi as well as FIR No.2 of 2018 registered by CBCID Headquarters; Court strongly recommends to Chief Secretary to Government/first respondent in WP, for installation of CCTV Cameras inside official Chambers and office rooms of all higher officials, in order to avoid all such allegations/complaints against higher officials and to safeguard interest of women officers and women employees from offences of sexual harassment – Petition Disposed Of.
“An ounce of practice is worth more than tons of preaching”, Mahatma Gandhi said.
An attempt to follow the words, this Court is inclined to direct the Registrar (Administration), High Court of Madras to install Closed Circuit CCTV Camera in the Chambers of Hon'ble Justice S.M.SUBRAMANIAM, within a period of two weeks from the date of receipt of a copy of this order. With these directions, this Court would prefer to adjudicate the issues raised in all these writ petitions.
2. The Commissioner of Police of all Cities across the State as well as the Director General of Police and other Higher Police Officials are preaching with responsibility that all the Residents, Apartment owners, Traders and others shall install the CCTV Cameras in their respective premises, enabling the Police Department to nab the offenders. Such advertisements are frequently issued by the Police Department and the Higher Officials are repeatedly insisting for installation of Closed Circuit CCTV Cameras in all the places to improvise the vigil over the crimes and the offenders. This being the preachings of the Police Department to the citizen at large of this Great Nation, what about the offenders and Black Sheeps in the Police Offices, Chambers and Office Rooms of the higher officials and what measures are taken to nab the offenders and Black Sheeps inside the Police Department and other public offices and institutions etc.
3. The lis on hand is a significant one, where the allegation of sexual harassment is made by a Senior Level Police Officer, which is an unfortunate situation aroused in the Police Department and the way in which the case was handled by the Executives concerned is also a concern for this Court and therefore, this Court thought fit to take up all these writ petitions on out of turn basis and hear the parties and accordingly, pass this order.
4. At the outset, the writ petitioner Dr. S. Murugan in WP No.25213 of 2018, challenged the constitution of the Internal Complaints Committee as well as the direction issued by the Presiding Officer of the Internal Complaints Committee to register a criminal complaint by the CBCID Wing of the Police Department. The other three writ petitions, namely, WP Nos.23292, 23293 and 23846 of 2018 are filed by Smt. H. Jayalakshmi, who is the complainant, in respect of the complaint given against Dr. S. Murugan.
5. WP No.23292 of 2018 is filed for a direction to direct the first respondent to transfer the fourth respondent (Dr. S. Murugan) to any other Non-sensitive Post outside the Directorate of Vigilance and Anti-Corruption pending enquiry into the petitioner's complaint dated 4.8.2018 and further ensure that he does not in any manner handle any work related file pertaining to the writ petitioner.
6. WP 23293 of 2018 is filed challenging the proceedings of the second respondent dated 17.8.2018 in relation to the Internal Complaints Committee in accordance with Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
7. WP 23846 of 2018 is filed challenging the proceedings of the fifth respondent dated 30.8.2018 stating that the incompetency and lack of jurisdiction expressed by the Internal Complaints Committee is contrary to law and further direction is sought for to direct the fifth respondent to recommend transfer of the fourth respondent (Dr. S. Murugan) to a Non-Sensitive Post outside the Directorate of Vigilance and Anti-Corruption Department.
8. The facts in nutshell to be considered in these writ petitions are that the Principal Secretary to Government, Home Department, issued G.O.Ms.No.429, Home Department, dated 1.7.2013, constituting the Internal Complaints Committee in the line of the judgment of the Hon'ble Supreme Court of India in the case of Vishakha vs. State of Rajasthan [AIR 1997 SC 3011] regarding the sexual harassment against working women.
9. Smt. H. Jayalakshmi was posted as Superintendent of Police at the Directorate of Vigilan
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