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2026 Supreme(Online)(CAT) 5309
CENTRAL ADMINISTRATIVE TRIBUNAL
Akhil Kumar Srivastava, Judicial Member, Mallika Arya, Administrative Member
Aparna Geete – Appellant
Versus
Union of India – Respondent
Original Application No.200/00150/2016
Important Points
Subject
Service Law - Sexual Harassment
Act Referred
Headnote
(B) Power of Disciplinary Authority - The disciplinary authority is vested with powers to reconstitute the ICC and order de novo inquiry under Rule 15(1) of CCS (CCA) Rules read with Section 4 of the Sexual Harassment of Women at Workplace Act, 2013. (Para 14)
Facts of the case:
The applicant, a Resource Person at Doordarshan Kendra Bhopal, alleged sexual harassment by Respondent Nos. 6 and 7 in February 2015. She made complaints to the Women Cell on 03.03.2015 and 06.04.2015. The first ICC found the respondents guilty and recommended disciplinary action and appointment of the applicant. The disciplinary authority did not accept the report citing procedural defects and ordered a de novo inquiry by reconstituting a fresh ICC. The applicant challenged this before the Tribunal.
Findings of Court:
The disciplinary authority has the power to reconstitute the ICC and order a de novo inquiry under Rule 15(1) of CCS (CCA) Rules read with Section 4 of the Act. The original application is dismissed and the interim relief is vacated.
Issues: Whether the disciplinary authority can order a de novo inquiry and reconstitute the ICC after the first ICC submitted its report?
Ratio Decidendi: The disciplinary authority is vested with the power to order a de novo inquiry under Rule 15(1) of CCS (CCA) Rules read with Section 4 of the Sexual Harassment of Women at Workplace Act, 2013, and to reconstitute the ICC under Section 4(5)(d) of the Act. Result : Original Application dismissed.
For the Appellants/Petitioners: Kapil Duggal, Gautam Singh Kaurav
For the Respondents: D S Baghel
| Table of Content |
|---|
| 1. applicant challenging inaction and seeking implementation of first icc report and appointment. (Para 1 , 2) |
| 2. respondents justify de novo inquiry due to procedural defects in first icc. (Para 3 , 4 , 5 , 6) |
| 3. tribunal considered matter and noted interim stay on fresh icc proceedings. (Para 7 , 8) |
| 4. disciplinary authority has power to order de novo inquiry under rule 15(1) of ccs (cca) rules read with section 4 of the act. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. original application dismissed; respondents directed to conclude inquiry. (Para 17) |
O R D E R
By Mallika Arya, AM:
1.Through this Original Application, the applicant is challenging the inaction of the Respondents Nos. 2 to 4 in not implementing the 26.06.2015 and is also seeking appointment as Transmission Executive in Prasar Bharti. Further she is seeking quashment of institution of second and the third Internal Complaints Committee.
2. Briefly stating, the facts of the case are that the Applicant was appointed as a Resource Person by Respondent No. 3 on 26.07.2005. Her appointment on contract basis was renewed from time to time. A copy of the contract between the Applicant and Respondent No. 3 dated 26.07.2005 is annexed as Annexure A/1. She is a single parent and has been raising her son on her own. On 18/02/2015, Respondent No. 7 on finding the Applicant alone in office, winked at her and demanded sexual favour and threatened her that if she did not accede to his demand, he would exercise his authority. Respondent No. 6 on seeing the Applicant upset, inquired about the reason for her distress and when the applicant told about the sexual favour demanded by Respondent No. 7, even Respondent No. 6 made unwelcome physical contact with her, caught her hand and demanded sexual favour from her. He made some sexually colored and double meaning remarks and also threatened her that she CHANDRA should not tell about the incident to any other person. The Applicant Women Harassment Branch of Doordarshan Kendra, Bhopal on 03.03.2015 (Annexure A/3). This was followed by another complaint dated 06.04.2015 (Annexure A/4). The Internal Complaints Committee ("first ICC") registered the complaint of the Applicant on the same date i.e. 06.04.2015 and commenced the inquiry. The Inquiry Committee was appointed by the Disciplinary Authority in light of DoP&T office memorandum dated 27.11.2014 (Annexure A/5). It is also relevant to mention that the services of the two persons who supported the Applicant were terminated on 06.04.2015 and 07.04.2015. This shows the abuse of power on behalf of the Respondent no. 6 & 7. The applicant made repeated requests to Respondent no. 2 for transferring Respondent No. 6 and 7 out of Doordarshan Kendra, Bhopal. Despite these requests, the mandate under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 [Hereinafter called ‘the Act’] was not followed and Respondents No. 6 and 7 were not transferred out of Doordarshan Kendra, Bhopal. The Applicant has since then been keeping ill due to this incident. A copy of one of the medical certificates issued by Chief Medical Officer, CGHS Wellness Centre, Bhopal dated 15.05.2015 is annexed as Annexure A/8. cover up their act of sexual harassment annexed these in their reply submitted to the first ICC. A copy of the application dated 22.05.2015 submitted by the Applicant highlighting the fabrication of documents is annexed as Annexure A/9. Respondent No. 7 tried to derail the inquiry by interfering with the inquiry proceedings and demanded that all notices/summons to the Program Staff should be routed through him. A copy of letter issued by Respondent No. 7 to Chairperson, ICC dated 11.06.2015 is annexed as Annexure A/10. The first ICC after examining the witnesses and perusing the documents, submitted a detailed report on 26.06.2015 i.e. within the timeframe stipulated under the Act of 2013. The charges of sexual harassment leveled by the
