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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
A. Manimekalan – Appellant
Versus
The Registrar, Bharathiar University, Coimbatore & Others – Respondents
W.P. Nos. 5764, 7794, 8795 & 20166 of 2023 & W.M.P. Nos. 5760, 8004, 8972, 8973,19501, 19503 & 19505 of 2023
Decided On : 27-07-2023
Sexual Harassment - Constitution of Internal Complaint Committee - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Section 4(2), Section 9, Section 10, Section 12, Section 13 - The judgment discusses the validity of the constitution of the Internal Complaint Committee and the procedure followed in the case of alleged sexual harassment. It highlights the violation of statutory provisions, principles of natural justice, and the mandatory procedure for conducting an inquiry. The court sets aside the suspension and directs the constitution of a new Internal Committee to conduct a proper inquiry in accordance with the law.
Fact of the Case:
The Writ Petitioner, a professor at the University, was suspended based on a complaint of sexual harassment. The court found that the suspension was based on a preliminary discreet enquiry report, which violated the mandatory procedure and principles of natural justice. The Petitioner alleged vindictive action and challenged the constitution of the Internal Committee.
Finding of the Court:
The court found that the suspension order based on the preliminary enquiry report cannot be sustained in the eye of the law. It set aside the suspension and directed the constitution of a new Internal Committee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Writ Petitioner was entitled to all salaries for the suspended period.
Issues: Validity of the constitution of the Internal Complaint Committee, compliance with statutory provisions, violation of principles of natural justice, and the legality of the suspension based on a preliminary enquiry report.
Ratio Decidendi: The court held that the constitution of the Internal Committee was against the mandatory provisions of the POSH Act as the Presiding Officer appointed was not a woman employed at a senior level at the workplace. It also found that the procedure followed for the enquiry violated the principles of natural justice and the mandatory provisions of the Act.
Final Decision: All the writ petitions were allowed, the suspension was set aside, and the Respondents were directed to constitute a new Internal Committee as per the POSH Act. The Writ Petitioner was entitled to all salaries for the suspended period.
JUDGMENT
(Prayer:In W.P.No. 5764 Of 2023: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 1st Respondent in his proceedings No.E1/Dr.AM/ Env.Sci./2023 dated 16.02.2023 and quash the same.
in W.P.No.8795 of 2023: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the report of the 2nd Respondent dated 30.01.2023 and quash the same.
in W.P.No.7794 of 2023: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare that the constitution of the Internal Complaints Committee constituted by the 1st Respondent University and all its resultant proceedings are null and void being against the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
in W.P.No.20166 of 2023: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare that the constitution of the Internal Complaints Committee with the 5th Respondent as a Presiding Officer and all its resultant proceedings are null and void being against the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)
Commonorder
1. (A) Writ Petition Nos.5764 and 8795 are filed to quash the 1st Respondent''s proceedings in No.E1/Dr.AM/Env.Sci./2023 dated 16.02.2023 and report of the 2nd Respondent dated 30.01.2023 respectively.
1. (b) Writ Petition No.8795 and 20166 of 2023 are filed to declare that constitution of the Internal Complaints Committee constituted by the 1st Respondent University and all its resultant proceedings; and the 5th Respondent as a Presiding Officer of the Internal Complaints Committee and its resultant proceedings respectively are null and void being against the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. Since all the writ petitions are related to suspension of the Petitioner and the facts and circumstance in all writ petitions are the common, these writ petitions are disposed of by way of this Common Order. 3. Brief facts leading to file all these writ petitions are as follows:
3. (a) The Writ Petitioner was initially appointed as Reader in the Department of Environmental Sciences in the 1st Respondent University on 02.02.2009 and completed his probation on 01.02.2011. Thereafter, he was re-designated as Associate Professor w.e.f. 01.02.2012 and thereafter promoted as Professor w.e.f. 01.02.2015. On 13.01.2021 he was placed as the Head of the Department in Environmental Sciences, until further orders. Since then he has been working as Head of the Department in the Department of Environmental Sciences. One Dr.P. Siddhuraju is the senior most professor in the Department of Environmental Sciences and the Writ Petitioner is the next senior most Professor after him. Though said Dr.P. Siddhuraju was initially appointed as the Head of the Department being the Senior most, he was facing certain personal health issues which impacted the working and administration of the Department and on that basis, the Respondent University placed the Writ Petitioner as the Head of the Department by proceedings dated 13.01.2021.
3.(b) While he was the Head of the Department of Environmental Sciences, on the basis of the audit objection raised in respect of redesignation of Dr. D. Prabha, Assistant Professor in the same Department from the post of technical officer, the Petitioner took up the issue with the Respondent University. Thereafter he made a representation on 01.09.2022. Since then Dr.D. Prabha has been harbouring some ill feelings towards the Writ Petitioner. Unfortunately, due to some personal reasons he was unable to perform his duties as Head of Department. Therefore, writ petitioner has made a request to
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