VINEETH Vs. KERALA STATE ELECTRICITY BOARD LTD.

JUDGEMENT

(1.) The petitioner has approached this Court for quashing Exts.P7, P13, P16 and P19 and for reinstating the petitioner back to service. A complaint was filed against him on 19/12/2022 and proceedings were initiated by the Internal Complaints Committee (hereinafter referred to as ICC) and Ext.P7 report was filed. Pursuant to Ext.P7 report, the 2nd respondent issued Ext.P8 charge memo dtd. 27/6/2023. Ext.P13 order was passed on 10/8/2023 appointing Smt.Anitha G. Nair, Executive Engineer, Electrical Division, Attingal as Enquiry Officer treating the report of the ICC as a preliminary one as the allegations raised against the petitioner were proved.

(2.) Counsel appearing for the petitioner submitted that, though proceedings were initiated by the ICC, neither the complaint nor the documents were served on the petitioner which is mandatory under Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (herein after referred to as 'POSH Rules') which reads as follows:

(3.) Rule 7(2) specifically states that, on receipt of the complaint, the Complaints Committee shall send one of the copies to the respondent and the inquiry should be done in accordance with the principles of natural justice. Counsel for the petitioner taken me through Ext.P7 inquiry report which shows that there are violations of the principles of natural justice. The complaint was not served on him. Moreover the witnesses were examined in his absence without allowing the petitioner to cross-examine them. Therefore, Ext.P7 is not in tune with Rule 7 of the POSH Rules. When Ext.P13 is initiated on the basis of Ext.P7 ICC report, necessarily the inquiry ought to have been conducted in tune with Rule 7 of the POSH Rules. When the said Rule is violated, it vitiates the inquiry.