MUKESH KHAMPARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Petition filed under Article 226 of the Constitution assails the Order, dtd. 25/6/2018 (Annexure R1) and the Enquiry Report, dtd. 25/7/2018 (Annexure P1) whereby the Petitioner was held guilty for committing sexual harassment at the workplace.

(2.) Draped in brevity, the relevant facts are that the Petitioner was working as Station House Officer (SHO), in Police Station Gadarwara, District Narsinghpur between 27/8/2016 to 24/3/2017. During that period, Respondent No.7 was posted in the said Police Station as Sub-Inspector.

(3.) As per the stand of the Petitioner, the Petitioner was an Officer supervising the work and duties of Respondent No.7. Since Respondent No.7 committed dereliction of duty on more than one occasion, certain orders taking coercive action were passed which are filed cumulatively as Annexure P2. Respondent No.7 as an after thought preferred a frivolous Complaint, dtd. 16/3/2017 alleging that Petitioner committed sexual harassment in the workplace. Pursuant to the Complaint, dtd. 16/3/2017 (Annexure P4), an internal Complaint committee was constituted as per the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal), 2013 (Act of 2013). The internal committee consisting of five members conducted the inquiry, recorded statement of witnesses and prepared the report on 26/5/2017 and opined that the allegations against the Petitioner for committing sexual harassment in workplace are not established.