PRADIP MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers in the petition under Article 226 of the Constitution are directed against an appellate order of December 3, 2015 as it upheld an order of punishment of March 3, 2015. A writ of mandamus is sought to rescind the order of punishment as affirmed in appeal and a writ of certiorari is sought to quash the order of punishment.

(2.) C.A.N. 4169 of 2016 is an application for amending the petition and incorporating additional grounds. The proposed additional grounds appended to the amendment application pertain to the report of an Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The additional prayer sought to be incorporated in the petition is for the issuance of a writ of mandamus to rescind the report of the ICC of February 4, 2015.

(3.) A complaint of sexual harassment was lodged by a colleague at MSTC Ltd against the petitioner who was the Manager (Law) at the head office. The ICC furnished its report under Section 13 of the said Act of 2013 on February 4, 2015 but it is the undisputed position that no copy of such report was made available to the petitioner prior to March 11, 2015. Following the report of the ICC and the recommendation therein, the disciplinary authority under the service rules governing the petitioner imposed a punishment of lowering the petitioner's grade of pay by an order of March 3, 2015. The petitioner was forwarded a copy of the order of punishment of March 3, 2015 prior to the petitioner being furnished the report of the ICC. The petitioner preferred an appeal against the order of punishment on March 20, 2015, without the petitioner assailing the report of the ICC rendered under Section 13 of the said Act.