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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Dheeraj Singh Bisht - Petitioner
Versus
Chairman Cum Managing Director, Punjab National Bank and Others - Respondents
Writ Petition (S/S) No. 314 of 2021
Decided On : 28-06-2022
Sexual Harassment - Departmental Enquiry - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Section 13 - Summary of Acts and Sections: The court discussed the nature of the charge sheet, the procedure of domestic inquiry, and the effect of non-observance of the principle of natural justice. It referred to the Bi Partite Settlement between the Bank Employees’ Association and the banks and highlighted the acts constituting gross misconduct. The court also examined the impact of non-observance of the principle of natural justice and the scope of the Court under Article 226 of the Constitution of India in such matters.
Fact of the Case:
The petitioner was charged with sexual harassment at the workplace based on a complaint by a female colleague. The Internal Complaints Committee (ICC) recommended punitive action against the petitioner, and a departmental proceeding was initiated. The Enquiry Officer concluded that both charges were proved and held the petitioner guilty. The petitioner challenged the enquiry report, charge sheet, order of compulsory retirement, and dismissal of the departmental appeal in a writ petition.
Finding of the Court:
The court found that the departmental proceeding against the petitioner was not in accordance with the law. It observed that the charge sheet was cryptic and lacked a clear basis, and the petitioner was not provided with essential documents and evidence for his defense. The court also noted that the Enquiry Officer considered irrelevant materials and statements of witnesses not examined during the enquiry, leading to a finding based on irrelevant material. As a result, the court quashed the enquiry report, charge sheet, order of compulsory retirement, and dismissal of the departmental appeal, and directed the reinstatement of the petitioner with all consequential benefits.
Issues: The issues revolved around the procedural irregularities in the departmental proceeding, non-observance of the principle of natural justice, and the impact of such non-observance on the validity of the proceedings.
Ratio Decidendi: The court held that the charge sheet must clearly set forth the circumstances against the delinquent employee and provide the evidence proposed against him. Non-observance of the principle of natural justice, such as denial of fair opportunity to defend, vitiates the proceedings. The court also emphasized that findings based on irrelevant material are bad in the eyes of the law.
Final Decision: The petition was allowed, and the enquiry report, charge sheet, order of compulsory retirement, and dismissal of the departmental appeal were quashed. The respondents were directed to reinstate the petitioner in service with all consequential benefits within eight weeks from the date of the judgment. The respondents were also given the liberty to proceed against the petitioner afresh, in accordance with the law.
JUDGMENT :
1. The challenge in this writ petition is made to the enquiry report dated 15.04.2020; the charge sheet dated 19.12.2019; the order dated 23.04.2020, by which the petitioner was compulsorily retired with superannuation benefits; and order dated 29.12.2020, passed in the appeal dismissing the departmental appeal preferred by the petitioner.
2. Facts necessary to appreciate the controversy, briefly stated, are as follows. The victim was working in a Branch of Punjab National Bank. The petitioner was also working in the same branch. The victim made a complaint against the petitioner on 06.11.2019 with regard to sexual harassment done by the petitioner. Particularly, two incidents were reported, namely, 30.10.2019 and 04.11.2019. There was an Internal Complaints Committee (“ICC”) in the bank. The ICC took up the matter, recorded the statements of the witnesses, collected other materials and submitted its report on 06.12.2019. The ICC concluded as follows:-
2. The past record of Sh. Dheeraj Bisht are also not good as per his history sheet.
3. The branch staff are also threatened/influenced to not to give the correct statement.
4. Sh. Subhash Dhondiyal, Hall Incharge of the branch are also equally responsible for concealing the matter and not providing the required help to the female staff when everything was happening before his eyes.
5. Sh. Asuthosh Chandan could not intervene into matter timely and failed to take appropriate steps as expected from branch head. Either he was worried about branch/bank reputation of afraid of fear of Dheeraj Bisht.” (name masked)
3. It appears that subsequent to submission of the report by the ICC, it was required to make its recommendation in accordance with Section 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”). Thereafter, on 29.01.2020, the ICC made the following recommendations:-
4. The departmental proceeding was thereafter initiated against the petitioner. On 19.12.2019, he was given a charge sheet. It would be apt to reproduce as to what contains in the charge sheet. It is as hereunder:-
(By Registered Post)
| Shri Dheeraj Singh Bisht, Special Assistant, PF NO.72034 BO: Kankhal, Haridwar | Address 347/, Vikas Colony, Opp. Jamuna Talkies, Ranipur Mor. Haridwar-249401 |
Reg: Charge Sheet Under Para 5 (c) and (t) Of BPS Dated 10.04.2002.
During your posting at BO: Kankhal, Haridwar (D.No. 0291) w.e.f. 05.07.2018 to till date, you are alleged for causing Mental and Physical harassment with co-worker as under:
CHARGE-1: indulging in any act of Sexual Harassment of any women at the work place. On 30.10.2019 while performing your duties as Special Assistant in the branch, you are alleged to have Mentally & Physically harassed by way of physical contact and advances to Ms. A SWO-A, PF no. 340004 while she was performing her duties in the branch.
CHARGE-2 Indecent behaviour on the premise of the bank & Unwelcome Physical Verbal contact.
On 04.11.2010 you are alleged to have harassed Ms. A SWO-A PF no. 340004 and threatened her by way of transfer, getting complaints lodged and abused the authority of Secretary of Union (PNBSA).
Thus, you failed to discharge your duties with utmost Integrity, Devotion and Diligence and failed to m
The main legal point established in the judgment is that non-observance of the principle of natural justice, procedural irregularities, and findings based on irrelevant material can vitiate departmen....
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
The court established that in departmental inquiries, adherence to principles of natural justice is paramount, and failure to provide a fair opportunity to defend oneself can render the inquiry and s....
Dismissal orders must be passed in accordance with the principles of natural justice, including providing the employee with a reasonable opportunity to defend themselves and supplying a copy of the i....
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