SONALI BADHE Vs. ASHISH CHANDRA SINGH AND ORS.

JUDGEMENT

(1.) PLEADINGS in this matter are complete. With the consent of the parties, the writ petition is set down for final hearing and disposal.

(2.) CHALLENGE in this writ petition is to the order dated 30.05.2014 passed by the Central Administrative Tribunal. Before the rival submissions can be considered, we deem it appropriate to state some of the relevant facts as mentioned in the writ petition. It is the case of the petitioner that she was being sexually harassed by respondent No. 1 at the work place. She was constrained to file a complaint with respondent No. 2 i.e. Internal Complaints Committee on 25.07.2012. The Committee, after examining the witnesses, submitted its report on 31.01.2013 and held the respondent No. 1 to be guilty of sexually harassing the petitioner and also directed the respondent No. 1 to pay a sum of Rs. 10,000/ - towards compensation. The respondent No. 1 while relying on Section 18 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 hereinafter referred to as the 'Act' filed an OA before the Central Administrative Tribunal (hereinafter referred to as "Tribunal") on 20.03.2014. This OA was entertained and notice was issued. A preliminary objection was raised by the respondents before the Tribunal that the Tribunal would not have jurisdiction to entertain the appeal against the inquiry report of respondent No. 2. By the impugned order, it has been held that the Tribunal would have jurisdiction over the matter which has led to the filing of the present writ petition.

(3.) MR . D.D. Singh, learned counsel for respondent No. 1 submits that once the Inquiry Committee had submitted its report as per Section 18 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an appeal would lie either to the Court or the Tribunal in accordance with the provisions of Section 3(q) of the Administrative Tribunals Act, 1985 and in this case it would be the Tribunal. It is contended that the Act is a full code in itself. Section 4 deals with appointment of an Internal Complaints Committee. Reliance is also placed on Sections 11 and 13 to show that the Committee has wide powers including the proviso to Section 13(3)(ii) as per which in case the respondent fails to pay the sum referred to in clause 2, the Internal Complaints Committee would have the power to forward the order for recovery of the sum as arrears of land revenue to the concerned district officer.