M. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) AS per judgment of Supreme Court reported as : AIR 1997 SC 3611, Vishaka V. State of Rajasthan, pertaining to sexual harassment of working women, aimed at providing a healthy and safe work environment to women, employers of private and public sector undertakings are obliged to take appropriate steps to prevent sexual harassment. Whether or not such conduct (act of sexual harassment) constitutes an offence under law or a breach of service rules, the employer is enjoined to create in the organization a redressal mechanism to ensure time bound treatment of complaints. A complaint committee headed by a woman and consisting of not less than 50% women members should be constituted. Involvement of a third party familiar with the issue of sexual harassment should be there on the committee. The victim should have a right to seek her own transfer or the transfer of the perpetrator. Where the conduct which results in sexual harassment constitutes misconduct as defined by the rules, appropriate disciplinary action has to be initiated against the employee. To put it pithily, if the act is misconduct as per rules, disciplinary action has to be taken, if it is not misconduct as per rules, appropriate and adequate steps have to be taken to protect the dignity of the woman concerned and a safe and healthy work environment provided to her. Needless to state that the healthy and safe work environment would be provided as per the suggestions and recommendations of the committee.

(2.) PRESENT case relates to the grievances of the petitioner against respondent No. 5, then working as Divisional Railway Manager of Ferozepur Division. Petitioner was at that time heading the Ferozepur Divisions Accounts and Finance Officer.

(3.) ALLEGATIONS pertaining to the alleged acts constituting sexual harassment as stated in the petition are to be found in paras 6 to 13 of the writ petition. Be noted: