Posting a complainant in the same workplace as the alleged harasser violates established guidelines for preventing workplace harassment.

ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member) This OA has been filed by the applicant seeking the following relief:

“To call for the proceedings of the 2^nd respondent in F.No.46011/1/2019-IFS-1 (AGMUT), dated 28.08.2024, and quash the same in so far as the applicant is concerned and pass such further or other orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case and thus render justice”

2. Brief facts of the case, as submitted by the applicant:

The Applicant belongs to 2012 Batch of IFS Officer attached to AGMUT Cadre. During September 2019, she was transferred and posted to Karaikal, later she was transferred from Karaikal to Puducherry. While so, one Dr.Dinesh Kannan reported to Puducherry Government as Conservator of Forest on 05.10.2020. Right from the date of his reporting he has been giving all sorts of trouble to the applicant including sexual harassment. The Applicant made a complaint to the Lieutenant Governor & Chief Secretary to Government of Puducherry. The applicant was forced to lodge a Police Complaint on 11.10.2020 which was registered as FIR No.0206. Investigation was carried out and charge sheet came to be filed against Dr.Dinesh Kannan in C.C.No.9310/2021 on the file of the Judicial Magistrate-II, Puducherry. Subsequently Dr.Dinesh Kannan was posted as Director (Science Technology & Environment), Puducherry on 12.11.2020, and thereafter he was transferred to Goa as Conservator of Forest, and thereafter promoted as Chief Conservator of Forest, and currently working in Andaman & Nicobar Islands. By the impugned order dated 28.08.2024, the applicant was transferred from Puducherry to Andaman & Nicobar Islands where Dr.Dinesh Kannan is presently working, which will affect the applicant in all possible manner. Hence challenging the transfer the applicant has filed the present OA.

3. The main contention of the learned counsel for the applicant is that the applicant has been facing various harassment including sexual harassment at the hands of Dr.S.Dinesh Kannan who was then holding the post of Conservator of Forest. He further submitted that the applicant had lodged a complaint against the said Dr.S.Dinesh Kannan with the authorities, but was also forced to file a criminal complaint which ultimately resulted in filing of charge sheet against him in the court of competent jurisdiction. He further submitted that the applicant had brought all these facts about the conduct of the said individual to the notice of the 1^st respondent. Inspite of the same, posting the applicant to work under the person against whom she made a complaint defies logic and it is in violation of various Rules & Act.

4. He further submitted that even after the transfer to GOA and currently to Andaman & Nicobar Islands, the said Dr.S.Dinesh Kannan has been successfully influencing the authorities from constituting an Internal Committee to go into the charges levelled against him. He further submitted that when he can use such influence at higher level, even while functioning from a far-off place, it is highly impossible for the applicant to work within a place close to his vicinity. This has not been properly considered by the authorities before transferring the applicant to Andaman & Nicobar Islands.

5. He further submitted that by transferring the applicant to Andaman & Nicobar Islands, the respondents are subjecting the applicant to severe hardship both mental as well as physical hardship thereby violating the All-India Service (Harassment of Women at Working Place) Rules and POSH Act. H