Action during Pendency of Sexual Harassment Inquiry

Article

Action during Pendency of Sexual Harassment Inquiry

 

An aggrieved woman of sexual harassment may make a written request for seeking interim relief during the pendency of an inquiry to the internal committee or the local committee.

 

On receipt of such a request the concerned committee may recommend to the employer to—

 

a.    transfer the aggrieved woman or the respondent to any other workplace; or

b.    grant leave to the aggrieved woman up to a period of three months; or

c.    grant such other relief to the aggrieved woman as may be prescribed.

1.      

 

The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be entitled, otherwise.

 

Implementation of recommendations: The employer shall implement the recommendations of the internal committee or the local committee so made and send a compliance report to the internal committee or the local committee. Section 12 of the Act reads as under:

 

“12. Action during pendency of inquiry.—(1) During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to—

(a) transfer the aggrieved woman or the respondent to any other workplace; or

(b) grant leave to the aggrieved woman up to a period of three months; or

(c) grant such other relief to the aggrieved woman a may be prescribed.

 

(2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.

 

(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.”

 

Amendment of CCS (Leave) Rules: The CCS (Leave) Rules1972 have been amended to give effect to above section*. As per amended rules leave up to a period of 90 days may be granted to an aggrieved female government servant on the recommendation of the internal committee or the local committee, during the pendency of inquiry under the Sexual Harassment Act.

The leave granted to the aggrieved female government servant under this rule shall not be debited against the leave account.

 

This interim action may serve as a relief to the aggrieved women as she will not have to face the accused person(s) on daily basis and getting hurt.

 

Court Judgment on Interim transfer during pendency of enquiry in WP 6549 of 2016.

 

One Mr xxx was held guilty of an act of sexual harassment, by the internal committee, for sending objectionable SMSs to his colleague Ms. zzz. Mr xxx submitted that the aggrieved woman has made a false complaint against him to get herself transferred from Delhi. However, in pursuance of Section 12 he was transferred to Jabalpur from Delhi, as an interim measure. He challenged his transfer order in a Tribunal which was rejected. Then he filed a petition in the Court for quashing the transfer order. The Court held as under:

 

In this case, a complaint was made by the lady regarding sexual harassment by the petitioner. The Committee has made the following observation:

 

"The Committee, after going through the oral and written evidence, has arrived at the conclusion that, the behaviour of Mr. xxx in incessantly messaging Ms. zzz on her phone with inappropriate contents, against her wish is an unwelcome gesture and hence can be termed as Sexual Harassment within the meaning of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. While arriving at this conclusion, the Committee takes into cognizance the impact which the behaviour of Mr. xxx has caused on the mental frame of Ms.  zzz having the potential to interfere with her work environment creating an intimidating/offensive/hostile work environment as she was repeatedly humiliated by receiving messages from Mr. xxx, that too late in the night.

 

After the observations of the Committee, the petitioner herein stands transferred from New Delhi to Jabalpur. It would be useful to reproduce Section 12 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

 

"12. (1) During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to-

 

(a) Transfer the aggrieved woman or the respondent to any other workplace, or

(b) Grant leave to the aggrieved woman up to a period of three months, or

(c) Grant such other relief to the aggrieved woman as may be prescribed.

 

(2) xxxx

(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under subsection (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be. "

In view of the finding of the Committee and taking into consideration Rule 12 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, we find that the Tribunal has correctly applied the law to the facts of the present case. Consequently, we find no infirmity in the orders dated 25.04.2016 and 23.05.2016 passed by the learned Tribunal. At this stage, learned counsel for the petitioner submits that he may be permitted to make one last representation to the respondents setting out the ground of acute hardship, more particularly with regard to the old age of his parents, who are solely dependent on him. The writ petition is accordingly dismissed as not pressed. Leave is granted to the petitioner to make a representation, as aforesaid. It is, however, made clear that rejection of the representation of the petitioner will not give any fresh cause of action to him.

            * Amended Rules are as under:

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 15th March, 2017

 

       G.S.R. 251(E).—In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

 

1.    (1) These rules may be called the Central Civil Services (Leave) Amendment Rules, 2017.

       (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 48, the following rule shall be substituted, namely:-

 

" 48, Special Leave connected to inquiry of sexual harassment - Leave up to a period of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Government Servant under this rule shall not be debited against the leave account".

 

 

[F. No. 13026/2/2016-Estt. (L)]

GYANENDRA DEV TRIPATHI, Jt. Secy.

 

Footnote: The principal rules were published vide Notification Number S.O. 940, dated the 8th April, 1972 and were last amended vide Notification number G.S.R. 711(E) dated the 8th October, 2014.

 

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O. 940 dated the 8th April, 1972 and have been subsequently amended….

 

  

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