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SUNITA AGARWAL, VIKAS BUDHWAR
Indian Institute of Technology – Appellant
Versus
Prof. Anandh Subramaniam – Respondent
| Table of Content |
|---|
| 1. clarification on settled penalty status. (Para 1 , 4 , 5 , 6 , 7) |
| 2. ordering context and scope of modification application. (Para 2 , 12 , 13 , 14 , 28) |
| 3. arguments regarding the nature of inquiries. (Para 3 , 15 , 16 , 17) |
| 4. statutory framework under posh act. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. final decision on modifications and implications. (Para 25 , 26 , 27 , 29) |
JUDGMENT
Mrs. Sunita Agarwal, J.
This intra Court appeal is directed against the judgment and order of the learned Single Judge dated 25.04.2023 whereby the modification application filed in Writ-A No.4878 of 2021 has been allowed, clarifying the order dated 24.09.2021 for disposal of the said writ petition that the said order would not stand against the petitioner, inasmuch as, the penalty which has been awarded to the writ petitioner/applicant had been accepted. It was also held that the respondents/appellants herein while agreeing for amicable settlement leading to passing of the order dated 24.09.2021 had not only misinterpreted the said order, but proceeded to pass a fresh order taking into account the earlier infractions which were given quietus vide order dated 24.09.2021.
2. For the st
ICC inquiry under POSH Act deemed departmental inquiry for sexual harassment; no separate CCS (CCA) Rules inquiry required for major penalty when institute policy prescribes compliant procedure; spec....
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 ....
The judgment emphasizes the importance of adhering to statutory provisions, conducting fair and independent enquiries, and upholding principles of natural justice in cases of sexual harassment at the....
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 terms and conditions of employment of both the petitioner and the respondent No.7 crystallized with the acceptance of the appointment letter dated March 25, 2013 in case of the applicant/writ pet....
The court emphasized the limited scope of interference in the decision taken by the disciplinary authority and referred to guidelines from previous judgments to determine the conditions under which i....
The judgment establishes the application of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in addressing workplace sexual harassment and emphasizes the ....
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