P SAMY B V SC Vs. COMMISSIONER OF ANIMAL HUSBANDRY AND VETERINARY SERVICE AND REGIONAL JOINT DIRECTOR, ANIMAL HUSBANDRY

JUDGEMENT

(1.) The Petitioner challenges the charge memo issued against him on the ground that without following the principles laid down by the Hon'ble Supreme Court in the judgment in the case of Vishaka and Ors. v. State of Rajasthan and Ors., 1997 AIR(SC) 3011 and without forming Complaints Committee as laid down by the Honourable Supreme Court, the intiation of departmental proceedings against the Petitioner for having given sexual harassment to his subordinate is not maintainable and therefore, the impugned charge memo is liable to be quashed.

(2.) It is submitted by the learned Counsel appearing for the Petitioner, Mrs. Srimathy that as per the law laid down by the Honourable Supreme Court in the judgment referred to above, the Government has to constitute a Complaints Committee, which has to enquire into the allegations of sexual harassment made against any of the employees and after getting a report from the Complaints Committee further action has to be taken and in this case, admittedly, no Complaints Committee has been constituted and no enquiry was condcuted by the Complaints Committee regarding the allegations of sexual harassment by the Petitioner and without conducting any proper enquiry, the 2nd Respondent issued the charge memo and therefore, that is liable to be quashed.

(3.) The Respondents filed a detailed counter and the learned Government Advocated contended that as per the judgment of the Honourable Supreme Court referred to above, the Government of Tamilnadu has formulated the procedure for conducting enquiry by the Complaints Committee, by its letter, dated 29.12.2000 issued by the Chief Secretary to Government and as per the said letter, in annexure-I, procedure for conducting enquiry by the Complaints Committee was stated and as per annexure-II, guideline for the employers has also been stated and it has been specifically stated that where the conduct of an employee amounts to miscondcut in employment as defined in the relevent rules, the employer may also initiate appropriate disciplinary action, for good and sufficient reasons, though no complaint is made to the Complaints Committee.