P J ANTONY Vs. SPICES BOARD, SUGANTHA BHAVAN

JUDGEMENT

(1.) The prayers in this writ petition are as follows:

(2.) Heard learned counsel for the petitioner and the learned Senior Counsel appearing for the respondents.

(3.) The issue involved in this case is with regard to the legality of the disciplinary proceedings initiated against the petitioner and the penalty of compulsory retirement imposed on him pursuant thereto. The specific case of the petitioner is that on the strength of uncorroborated and unestablished oral statements of a woman officer, disciplinary proceedings were initiated on the ground of sexual harassment in the workplace. Learned counsel for the petitioner contends that the entire procedure including the lack of clear charges supported by specific statement of allegations, non furnishing of copies of materials relied on in the enquiry, non availability of a written complaint made by the concerned lady officer and lack of proper opportunity to defend himself in the enquiry as well as the non convening of a properly constituted committee for considering the allegations raised vitiated the enquiry proceedings and consequently the orders issued therein. It is therefore contended that the imposition penalties amounting to removal from service on the basis of unsubstantiated allegations has resulted in violating the fundamental rights guaranteed to the petitioner under the Constitution of India.