LAWS(DLH)-2016-10-74

MANJEET SINGH Vs. INDRAPASTHA GAS LIMITED

Decided On October 24, 2016
MANJEET SINGH Appellant
V/S
Indrapastha Gas Limited Respondents

JUDGEMENT

(1.) (Oral) - The petitioner seeks quashing of the report dated 31.03.2016 of the Internal Complaints Committee (ICC) of the respondent; quashing of the order dated 18.05.2016 which has reduced the rank of the petitioner to one lower post, i.e., from Vice President (Level-5 Grade) to Chief General Manager (Level-4 Grade); quashing of the order dated 08.07.2016 passed by the Appellate Authority as well as the communication of the order dated 14.07.2016.

(2.) The petitioner was charged and was found guilty of misconduct which, according to the respondent, would be considered sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The charge relates to a complaint by the petitioner's Executive Secretary over an alleged incident on 26.01.2016. The initial complaint was made on 08.02.2016 and the subsequent complaint on 11.02.2016, which added many new aspects to the second complaint.

(3.) It is the petitioner's case that: (i) during the enquiry, the petitioner was never allowed to cross examine the complainant; (ii) the evidence led by the complainant does not corroborate any of the charges levelled against him and (iii) the first complaint itself does not make such charges as are sought to be levelled in the second complaint.