JYOTI PRAKASH Vs. INTERNAL APPELLATE COMMITTEE AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India for the following prayers:-

(2.) The brief fact of the case of the petitioner as per pleading made in the writ petition is that the petitioner while working as Deputy Manager at Rourkela Township Branch, Rourkela under the opposite party - Bank, has been subjected to the allegation of sexual harassment by the opposite party no.6 who lodged a complaint against him before the Chief Manager-Branch Manager regarding misbehaviour of the petitioner towards her. The authority has referred the matter before the Internal Complaints Committee, the committee has issued notice to the petitioner, before whom the petitioner has appeared and filed written submission against the allegation stating therein that the same is false, fabricated and there is no evidence to substantiate the aforesaid allegation but the Internal Complaints Committee has submitted report before the competent authority by supplying copy of the same upon the petitioner, who upon its receipt, has objected to it by filing an application before the higher authority rebutting the allegation as also finding given by the internal complaints committee but the higher authority has also not appreciated the objection raised by him, rather confirmed the finding given by the internal complaints committee, in consequence thereof the notice has been issued by the disciplinary authority on 27.12016 giving therein the opportunity to file reply with respect to the proposed punishment of imposition of penalty of removal from service and thereafter this writ petition has been filed, inter alia on the ground that before the internal complaints committee no opportunity of hearing has been given, the petitioner has not even been allowed to cross-examine the witnesses, the order has been passed giving the proposed punishment without initiating any regular proceeding as stipulated in the Discipline and Appeal Rule, as such the entire action of the opposite party Bank is unreasonable and improper, hence not sustainable in the eye of law.

(3.) The opposite party Bank as well as the complainant - opposite party no.6 have appeared and contested the case by vehemently arguing and refuted the ground taken by the petitioner by submitting that the internal complaints committee has followed all due procedures as provided under the statutory provision, he has been allowed all adequate and sufficient opportunity and thereafter the allegation of sexual harassment upon opposite party no.6 has been found to be proved, the copy of the enquiry report conducted by the internal complaints committee has been supplied to the petitioner against which he has also made objection before the higher authority but the finding given by the committee has been confirmed and thereafter under the provision of Discipline and Appeal Rule, the disciplinary authority has issued the notice indicating the proposed punishment in order to provide opportunity of hearing to the petitioner and at that stage this writ petition has been filed, as such the writ petition is premature and this court sitting under Article 226 of the constitution of India may not interfere in the stage of notice since the petitioner will have opportunity to raise all the points before the competent authority in his defence.