THOMAS ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) While the petitioner was serving as Deputy Director in the District Tourism office, an enquiry was initiated against him by the Internal Complaint Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('POSH Act', for short), on the basis of Annexure A1 complaint. The gist of the allegation against the petitioner is that he harassed the complainant, a female co-worker in his office, in various ways. Based on Annexure A3 report of the Internal Committee, Annexure A5 Memo of Charges was issued to the petitioner. Later, he received Annexure A20 Show Cause Notice by which a punishment of lowering him as the junior most in the category of Tourist Information Officer was tentatively proposed.

(2.) After submitting Annexure A23 reply against the said notice by raising serious objections against the enquiry report and the consequential actions taken, the petitioner approached the Kerala Administrative Tribunal for setting aside Annexure A3 report and further proceedings. The Tribunal refused to interfere with the proceedings initiated against the petitioner. It observed that the challenge made by him is premature and he could avail of his remedies when final orders are issued. This order is impugned in the present original petition filed under Article 227 of the Constitution of India.

(3.) We heard the learned Senior Counsel for the petitioner Sri. Elvin Peter P.J., as instructed by Sri.K.R.Ganesh, and Sri.Sunilkumar Kuriakose, the learned Government Pleader.