RAMESH PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, by invoking jurisdiction of this Court under Article 226 of the Constitution has challenged the enquiry report of Internal Complaint Committee (Probation and redressal of Complaints against Sexual Harassment of Women in Workplace). The consequential show cause notice dated 10.12.2013 (Annexure P-7) based on enquiry report Annexure P-1 is also called in question.

(2.) The admitted facts between the parties are that the petitioner is an employee (substantively holding the post of Professor) in respondent No.2-Organization viz., Laxmibai National Institute of Physical Education, Gwalior. At the relevant point of time, the petitioner was working as Incharge Vice- Chancellor. In this W.P., the respondents have filed an application for dismissal of the petition for want of jurisdiction of this Court. This application is based on the notification of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel and Training) notification dated 31.10.2008 published in Gazette of India Extraordinary Part 3(ii). By this notification, in exercise of powers conferred by sub-section (2) of Section 14 of the Administrative Tribunals Act, 1985 (1985 Act), the Government has notified that respondent No.2 will fall within the jurisdiction of Central Administrative Tribunal. The preliminary objection is raised regarding jurisdiction of this Court to grant the relief desired by the petitioner. It is contended by the employer that the grievance of the petitioner amounts to"service matter" and in view of notification under section 14(2) of the Act, the proper forum is the Central Administrative Tribunal. The Tribunal being the Court of first instance for the purpose of adjudication of service matters, this Court cannot entertain this petition.

(3.) With the consent, matter was heard on the question of maintainability of this petition. The Apex Court in (Vishaka and others Vs. State of Rajasthan and others, 1997 6 SCC 241) issued directions with a view to ensure that cases of sexual harassment of women at work place are properly dealt with and guilty are punished. After the said judgment, Central Government inserted proviso to Rule 14(2) of CCS (CCA) Rules, 1965. The said amendment reads as under:-