ORDER

Heard finally.

1. This order shall also govern the disposal of WP Nos.20489/2019, 23858/2019 and 25127/2019 as all these three petitions have arisen out of the same order passed by the Local Complaints Committee (hereinafter referred to as LCC) dated 17.6.2019, pursuant to a complaint made by respondent No.2 Smt. Durgesh Kuwar regarding her sexual harassment at workplace.

2. In W.P. No.25127/2019, which has been filed by Punjab & Sind Bank, one more order dated 8.7.2019 has also been challenged in which, a fine of Rs.50,000/- has been imposed on the Bank on account of non-formation of Internal Complaint Committee. For the sake of convenience, the facts as narrated in W.P. No.20489/2019 are being taken into consideration.

3. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs :--

1. “A writ of certiorari be issued and the record be called from the Local Complaints Committee and the entire proceedings carried out by Local Complaints Committee be quashed.

2. Appropriate Writ/order/direction be issued to quash/set aside the Report dated 17.6.2019 and its recommendations issued by the Local Complaints Committee.

3. Appropriate Writ/order/direction be issued to dismiss the complaint dated 8.1.2019 filed by Smt. Durgesh Kuwar against the Petitioners before the Local Complaints Committee.

4. Appropriate Writ/order/direction be issued to award the cost of the present Writ Petition.

5. Any other relief which this Hon'ble Court deems fit may kindly be granted.”

4. The petitioners are aggrieved by the recommendations made by the Local Complaints Committee (LCC) allegedly constituted under the provisions of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, vide its order dated 17.6.2019. On the basis of the complaint filed by respondent No.2 on 8.1.2019 alleging her sexual harassment on workplace as respondent No.2 happens to be an employee of Punjab & Sind Bank and was posted as Chief Manager at P.Y. Road Branch, Indore.

5. The brief the facts of the case as narrated in this writ petition are as under :--

The present Writ Petition is filed for quashment of the proceedings and Final Report dated 17. 6.2019 (Annexure- P/47) of the Local Complaints Committee constituted under section 6 of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, issued upon the complaint of the respondent No. 2 i.e. Smt. Durgesh Kuwar, the Chief Manager of P. Y. Road branch, Indore lodged against Mr. Pankaj Dwivedi, the then Zonal Manger of Punjab & Sind Bank, Bhopal as well as upon the complaint lodged by her against the Petitioners alleging, inter alia, that the petitioners did not take any action upon the complaint of the respondent No. 2 in respect of misbehaviour done by her immediate superior officer Mr. Pankaj Dwivedi and in a conspiracy protected him. Local Complaints Committee prepared the impugned Final Report dated 17.6.2019, whereby it declared the Report of ICC dated 26.2.2019 as void ab initio and recorded findings to the extent that Mr. Pankaj Dwivedi is guilty of committing sexual harassment with the respondent No. 2 and the Petitioners are also liable for supporting Mr. Pankaj Dwivedi by not taking any action upon the oral and written complaints of the respondent No. 2 thereby, creating hostile work environment for her and committed humiliating treatment likely to affect her health and safety. The LCC recommended a fine of Rs. 50,000/- for not having Internal Complaints Committee at Indore and constituting ICC at Delhi by declaring the same in violation of the provisions of the Act, 2013. The LCC recommended for immediate posting of the respondent No. 2 as branch manager of Punjab & Sind Bank, P.Y. Road branch, Indore. The LCC further recommended for taking disciplinary action against the Petitioners and Mr. Pankaj Dwivedi as per the Service Rules for the acts of sexual harassment. The LCC