False sexual harassment complaints under POSH Act justify disciplinary action per service rules when inquiries deem them baseless.

O R D E R

By Mallika Arya, AM:

Through this Original Application, the applicant is seeking quashment of charge memorandum dated 03.04.2025 (Annexure A/1) and order dated 04.03.2026 (Annexure A/2). She is further seeking directions to the respondents for a fresh and fair inquiry regarding her sexual harassment complaint with a direction to the respondents to strictly comply with the order passed by the Hon’ble High Court in W.A. No. 723/2025.

2. Briefly stating, the facts of the case are that the applicant was appointed as a Trained Graduate Teacher (TGT) in Sanskrit under the Kendriya Vidyalaya Sangathan on 21.08.2019. After completion of her probation, she was posted at PM Shri Kendriya Vidyalaya, Bhind (M.P.) (Annexure A/3). While posted at KV Bhind, the applicant was subjected to repeated acts of sexual harassment by Respondent No. 4, Mr. Ajay Kumar Saxena, the Principal of KVS, Bhind. Respondent No. 4 was residing within the school premises. He misused his official position and authority by directing the Applicant to conduct Sanskrit classes for Class IX girl students in his chamber, despite the fact that multiple classrooms were vacant and available for use. This compelled the Applicant to enter the Principal's chamber frequently. Respondent No. 4 made sexually coloured remarks, engaged in unwelcome verbal conduct, and attempted inappropriate physical contact with the Applicant both before and after classroom sessions. Furthermore, the Respondent No. 4 pressurized her to vacate her private accommodation and shift within the school premises. Upon her refusal, the Respondent threatened her with disciplinary action, including termination from service. He further threatened to initiate false criminal proceedings by lodging an FIR against her. Disturbed by this conduct, the applicant made formal complaints and also approached the Mahila Evam Bal Vikas Department, Bhind (Annexure A/4). Thereafter, she filed multiple complaints, before the Deputy Commissioner, KVS Bhopal, (Annexure A/5), The President of the NHRC (Annexure A- 6) on 17.12.2024, and the SHO, Thana Dehat, Bhind, (Annexure A- 7) on 23.12.2024. On 25.01.2025 (Annexure A/8), the applicant filed another complaint with the Deputy Commissioner (KVS Bhopal) highlighting the continued inaction, threats from the Respondent no.4 and demanded an impartial inquiry. On 27.01.2025, an inquiry was conducted by four staff members from the Bhopal Regional Office. The applicant was never given a formal notice regarding the date or nature of the inquiry proceedings. Further, the applicant was never informed of the identity or selection criteria of the witnesses in the inquiry. The inquiry was concluded within a single day. The applicant was handed a printed questionnaire instead of being allowed to make oral submissions or an opportunity to cross- examine witnesses. No transparent or fair process was followed during the enquiry proceedings. Even after conclusion, the inquiry report was never supplied to the applicant despite filing an RTI on 01.04.2025 (Annexure A/18). Due to the inaction of the authorities on the complaint submitted by the Applicant, she approached the Hon'ble High Court of Madhya Pradesh in Writ Petition No. 4389/2025. The said petition was disposed on 13.02.2025 (Annexure A/9) with a direction to the competent authority to decide the Applicant's complaint by passing a reasoned and speaking order at the earliest. On 18.02.2025, she filed an application (Annexure A/10) before the Deputy Commissioner, Bhopal. On 19.02.2025, she filed another complaint before the SP Bhind which is annexed as Annexure A- 11. The Mahila Evam Bal Vikas Department was als