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AKIL KURESHI
Vinay Kumar Rai – Appellant
Versus
Union of India – Respondent
JUDGMENT
The petitioner has prayed for quashing the proceedings and consequential orders passed thereon pertaining to a complaint of sexual harassment made against him by the respondent No.16. Since a final decision is yet to be taken by the department in connection with such a complaint, I would not make any observations with respect to the factual aspects. Nonetheless, a brief reference to some of the facts would be inevitable.
2. The petitioner at the relevant time was working as Deputy Inspector General in Central Reserve Police Force (CRPF, for short). The respondent No.16 (hereinafter to be referred to as the complainant) was serving as General Duty Medical Officer at the Group Centre of CRPF where the petitioner was posted. She lodged a complaint before the Director General of CRPF on 26.07.2018. In this complaint she had stated as under:
“To
The DG
CRPF, BLOCK NO1
CGO COMPLEX, LODHI ROAD
NEW DELHI-110003
SUB: Complaint.
Dear sir/madam,
With due respect and humble submission I would like to state that I Dr. NISHA TIWARI, GDMO IRLA NO- 505488 of GC CRPF AGARTALA TRIPURA joined my service as GDMO on Dated 29 November 2017.
I would like to draw your kind attention on the above subject mat
The expansive definition of sexual harassment under the Act includes various unwelcome behaviors, and procedural delays do not invalidate complaints or inquiries.
The Central Complaints Committee's findings on sexual harassment claims were upheld, emphasizing the importance of thorough inquiry and the principle of preponderance of probabilities in disciplinary....
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 ....
A person who participates in the enquiry proceedings without objection cannot challenge the constitution of the Committee after the result goes against them, and may not have an alternative efficacio....
: Disciplinary Proceeding – Inordinate delay on part of Ministry of Home Affairs in deciding representation of petitioner defeats equity.
The court established that disciplinary action under Section 14 of the Sexual Harassment of Women at Workplace Act requires a finding of malicious intent or knowledge of falsity, which was not presen....
The court emphasized that procedural safeguards and principles of natural justice must be strictly adhered to in disciplinary inquiries against probationers, including the right to be heard and to cr....
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
Once allegation of sexual assault never came to be proved, mere omission, if any, on the part of the petitioner to render written apology to respondent No.3 may not be reason to initiate disciplinary....
The main legal point established in the judgment is the illegality of the suspension order and the lack of statutory force in the committee for summary trial due to non-compliance with the relevant l....
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