AIRPORTS AUTHORITY OF INDIA Vs. PRAVEEN VS

JUDGEMENT

(1.) We have heard Mr. R. Dubey, learned Advocate for the appellants and Mr. R. Sharma, learned Senior Advocate, assisted by Ms. P. Phukan for the respondent No.1.

(2.) This intra-Court appeal is directed against the judgment dtd. 26/2/2024 of the learned Single Judge passed in WP(C) No.949/2023, whereby the observation in the Internal Complaints Committee (hereinafter to be referred as "ICC") Report that "evidence was lacking", was expunged and the employer's decision to institute an independent Departmental Proceeding against the respondent No.1/charged officer was set aside, principally on the ground of Sec. 10(4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter to be referred as the "2013 Act").

(3.) The appellant/employer contends that the learned Single Judge exceeded the writ jurisdiction in disturbing the factual findings of the ICC and that Sec. 10(4) of the 2013 Act does not bar initiation of disciplinary action by the employer on the basis of independent material, particularly, where the ICC itself had declined to proceed after the conciliation, and that the complainant's post conciliation objection and a new material (screenshot) required fresh consideration, which the employer attempted to address through Departmental Proceedings.