SRI B.K. MOHANTY Vs. HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) The petitioner has called into question the enquiry report, dated 31.10.2016 (Annexure-N) submitted by the respondent No. 5 holding that the charge of sexual harassment levelled against the petitioner is established and recommending that the appropriate action be taken for the said misconduct and the issuance of show-cause notice, dated 14.11.2016 (Annexure-N1) issued by the respondent No. 1.

(2.) Smt. Sandhya Jamadagni, the learned counsel for the petitioner submits that the complainant herself was not interested in prosecuting the matter. She submits that the respondents did not create any atmosphere conducive for bringing about the conciliation between the parties, as required by Sec. 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal), Act, 2013. She submits that the very composition of the fifth respondent Internal Complaints Committee is illegal. She submits that more than 90% of its members are only women. She submits that the members of the Committee are all juniors to the petitioner. She submits that nobody from the nongovernmental organization was made a member of the said Committee. She complains of bias against the petitioner.

(3.) Sri Joshua Samuel, the learned counsel appearing for the respondent Nos. 1 to 4 submits that the complainant was indeed offered an opportunity to bring about conciliation in the matter. However, the complainant affirmed that she wants to proceed with the complaint, dated 7.6.2016. In support of his submissions, he brings to my notice a copy of the proceedings of the fifth respondent Committee, dated 8.7.2016 (Annexure-R1). He submits that the fifth respondent Committee consisted, amongst others of Smt. Indrani, an external member. He submits that the statute does not prescribe that only those who are senior to the accused person may be made members of the Committee; it only states that the senior level officers are to be made the members of the Committee, subject to their availability and that in the instant case, all the members of the Committee are senior officers.