NILOTPAL NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.M. Deka, learned counsel for the petitioner. Also heard Mr. M. Nath, learned standing counsel for the P&RD Department appearing for all the respondents.

(2.) The case of the petitioner, in brief, is that in course of his service, allegations of sexual harassment at workplace was made against him and accordingly, the Presiding Officer, Internal Complaints Committee (respondent no.3), by serving a show- cause notice dtd. 7/3/2020 along with copies of complaints filed against the petitioner alleging sexual harassment, thereby directing the petitioner to file his show-cause reply within 10 (ten) days and to attend the enquiry proceeding on 19/3/2020. The said proceeding was as per Rule 7(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. However, on 17/3/2020, the petitioner was arrested in connection with Mikirbheta PS Case No. 89/2020 under Ss. 354/ 354A, 509 /294(b), wherein the allegation was to the effect that the petitioner had tried to outrage the modesty of the victim. As the petitioner was under arrest, he could not participate in the enquiry. The petitioner was released on bail on 26/3/2020. However, in the meanwhile, by the impugned order dtd. 20/3/2020, the contract agreement dtd. 23/4/2019 with the petitioner was terminated. The aggrieved petitioner had filed W.P.(C) No. 4122/2020 to assail the impugned order dtd. 20/3/2020 passed by the respondent no. 2, thereby terminating the contract agreement of the petitioner; for directing the respondent to recall/ rescind/ cancel and/or forbear from giving effect to the said impugned order dtd. 20/3/2020; as well as for a direction to the respondents to allow the petitioner to work as Block Project Manager, Assam State Rural Livelihoods Mission.

(3.) During the pendency of the said W.P. (C) 4122/2020, the petitioner had also filed WP (C) 1511/2021, with prayer for setting aside the recommendation of the Internal Complaints Committee dtd. 20/3/2020; to terminate the service of the petitioner; for a direction to the respondent to recall/ rescind/ cancel and / or forbear from giving effect to the said recommendation of the Internal Complaints Committee dtd. 20/3/2020; for setting aside the impugned order dt. 20/3/2020 issued by the respondent no.2, thereby terminating the contract agreement for the post of Block Project Manager, Assam State Rural Livelihoods Mission; for directing the respondents to recall/ rescind / cancel and / or forbear from giving effect to the said impugned order dtd. 20/3/2020; and to allow the petitioner to continue as Block Project Manager of the said Society.