KHAJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue which needs to be decided vide this common order is the one which has been raised by the respondents on the maintainability of the writ petition(s) / appeal(s) more particularly in view of the objection taken by stating that the remedy of appeal under Sec. 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('Act of 2013', for short) is not available to the petitioner as the action on the inquiry report submitted by the Central Level Internal Complaints Committee ('CLICC', for short) needs to be considered and decided as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965 ('Rules of 1965', for short).

(2.) The relevant facts in brief are that the proceedings under the Rules of 1965 were initiated against the petitioner (in both the petitions) wherein the allegations are primarily relatable to sexual harassment against the petitioner. The CLICC, which is the Inquiry Authority for the purpose of Rules of 1965, has since submitted its report to the Disciplinary Authority, who has sought the advice of the Union Public Service Commission ('UPSC', for short) as the petitioner is the Group-A Officer. The UPSC has tendered its advice and the same has been given to the petitioner for his representation. Since, the petitioner has not submitted the representation against the advice of the UPSC in W.P.(C) 6465/2024, this Court had extended the time for the petitioner to submit his representation.

(3.) The plea of maintainability on behalf of the respondents can be seen from the short affidavit filed by the respondents in W.P.(C) 15201/2023, wherein a reference has been made to Rules of 1965, to state that in terms thereof, the Disciplinary Authority is to consider the representation made by the petitioner against the findings of the Inquiry Authority / CLICC.