HIMANSHU SHRIVASTAVA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India is made to an order Annexure P-1 dated 1.10.2015 passed by the Central Administrative Tribunal in O.A.

(2.) Facts in nutshell goes to show that at the relevant time when the impugned action of transferring the petitioner took place, petitioner was working as a Junior Works Manager, a Group B Gazetted Post in the establishment of Gun Carriage Factory, Jabalpur. Vide order dated 17.8.2015, petitioner have been transferred from GCF Jabalpur to the Ordnance Factory, Katni. It is seen that one lady who was working as a Chargeman in the establishment of GCF, Jabalpur submitted a complaint about sexual harassment at work place against the petitioner. The complaint was transferred to the appropriate committee constituted in accordance to the provisions of law and an enquiry into the matter is pending before the Internal Committee. It seems that based on the complainant made, both the petitioner and the lady concerned were transferred. The petitioner and the lady concerned both filed applications before the Central Administrative Tribunal and both the applications have been dismissed by the Tribunal. The Tribunal refused to interfere into the matter and, therefore, at the instance of the lady a writ petition being W.P. No.17355/2015 was filed before this court and on 20.10.2015 this court issued notice to the respondents, have granted interim relief to the lady concerned and posted the matter for week commencing 16.11.2015.

(3.) While considering the claim of lady this Court found that under Section 12(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 certain protections are given to the women employee who makes complaint and on whose complaint the matter is under inquiry with the internal committee. It is found by this Court that the power to recommend for transfer is given to the internal committee, any action taken during pendency of the matter is not proper, the complainant lady could not be transferred and statute contemplate status-quo in the matter to be maintained atleast with regard to posting of the complainant women during the pendency of the enquiry.