SHANTA KUMAR Vs. COUNCIL OF SCIENTIFIC AND

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, challenging the proceedings conducted by the Complaint Committee constituted in terms of the Office Memorandum (hereinafter the OM) dated 29.08.2006, to examine the charges of sexual harassment levelled by the petitioner against respondent no.3. The Complaint Committee had exonerated respondent no.3 of all the charges of sexual harassment levelled against him and its report was same accepted by the Disciplinary Authority. Consequently, the Disciplinary Authority passed an order dated 12.10.2009 (hereinafter the impugned order) exonerating respondent no.3 from the charges of sexual harassment. The petitioner has also impugned the aforesaid order passed by the Disciplinary Authority.

(2.) The petitioner had made a complaint regarding incident that occurred on 29.04.2005. The petitioner had alleged that while she was working at the laboratory, respondent no.3 had entered the laboratory and stopped the machine and snatched the samples from the petitioner and had thrown the materials. He had, thereafter, pushed the petitioner out of the laboratory and had locked the laboratory. The petitioner also alleged that he was shouting and using derogatory language against one Dr Sood and Scheduled Castes Community (as she was married to a person belonging to the SC category). However, it appears that the said complaint was not forwarded to the concerned authorities at the relevant time.

(3.) Subsequently, the petitioner was requested to complete the formalities relating to certain equipment of HEM division before leaving the same as the said division had been dissolved. In this connection, the petitioner made a noting alleging that respondent no.3 had been harsh in his behaviour and had threatened her not to enter the laboratory, while abusing Dr Jain, Dr Sood as well as the petitioner. She also stated that this was reported by her.