SATISH KUMAR S. HOSAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all the above three writ petitions, common prayer of quashing impugned report dtd. 15/3/2024 in Case No.1/2023-24 submitted by second respondentCommittee as well as to quash all further proceedings thereon based on the impugned report insofar as petitioners are concerned is prayed for. As such, all the writ petitions are clubbed, heard together and disposed of by this common order.

(2.) The petitioner in W.P.No.11147/2024 is working as Director of Public Libraries in the Department of School Education and Literacy; the petitioner in W.P.No.11149/2024 is working as Library Assistant in City Central Library, Malleshwaram North Zone, Department of School Education and Literacy; and petitioner in W.P.No.11150/2024 is working as Deputy Director of the Department of School Education and Literacy. All the three petitioners are holders of Civil post and Government servants.

(3.) The third respondent is working as Library Assistant in the City Central Library, Bayalu Ranga Mandira, Rajajinagar. The respondent No.3 lodged a complaint dtd. 31/7/2023 (Annexure-H) against petitioners and one Sri.Narayana Murthy.H.G., Library Assistant and Sri.Raghavendra, Second Division Assistant, alleging sexual harassment at the work place before the Karnataka State Women Commission. The said complaint was forwarded to respondent No.1 and the respondent No.1 constituted second respondentCommittee by order dtd. 18/11/2023 to enquire into the alleged sexual harassment of the third respondent at work place. The second respondent held enquiry under the provisions of the Sexual Harassment of Women At Work Place (Prevention, Prohibition and Redressal) Act, 2013 (for short, '2013 Act'). The Committee submitted its report on 15/3/2024 holding that all allegations made against the petitioners are proved (Annexure-S). The respondent No.1 in terms of Annexure-T dtd. 3/4/2024 issued show cause notice enclosing the report of second respondent-Committee, calling upon the petitioners to submit their explanation, in terms of Rule 14B of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, 'CCA Rules'). Questioning the enquiry report of the second respondent's internal committee, petitioners are before this Court in these writ petitions under Article 226 of the Constitution of India.