Case Note & Summary
The petitioner, Laxman B. Panmand, a Deputy Manager (HR) at the Nuclear Power Corporation of India Limited (NPCIL), challenged the disciplinary proceedings and orders passed against him based on an inquiry conducted by the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The disciplinary authority imposed a penalty on the petitioner, which was affirmed by the appellate authority and the reviewing authority. The petitioner contended that the ICC inquiry was conducted in violation of principles of natural justice, as he was not given a fair opportunity to cross-examine the witnesses. The court examined the records and found that the ICC had not provided the petitioner with the opportunity to cross-examine the complainant and other witnesses, which is a fundamental requirement of natural justice. The court held that the entire inquiry proceedings were vitiated due to this violation. Consequently, the court quashed the inquiry proceedings, the order of the disciplinary authority, the appellate order, and the reviewing order. The court also directed that the petitioner be entitled to all consequential service benefits that would have accrued to him but for the proceedings. The judgment emphasizes the importance of adhering to principles of natural justice in disciplinary proceedings, especially in cases involving allegations of sexual harassment.
Headnote
A) Service Law - Sexual Harassment - Disciplinary Proceedings - Natural Justice - The petitioner challenged the disciplinary proceedings and orders based on an ICC inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - The court held that the ICC failed to provide the petitioner with a fair opportunity to cross-examine witnesses, violating principles of natural justice - Consequently, the inquiry proceedings and the consequential orders were quashed (Paras 1-10).
Issue of Consideration
Whether the disciplinary proceedings and the orders passed therein, based on the inquiry conducted by the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, are vitiated due to violation of principles of natural justice, particularly the right to cross-examine witnesses.
Final Decision
The court quashed the inquiry proceedings conducted by the ICC, the order of the disciplinary authority dated 2nd February 2018, the appellate order dated 25th June 2018, and the reviewing order dated 7th May 2019. The court directed that the petitioner be entitled to all consequential service benefits that would have accrued to him but for the proceedings.
Law Points
- Natural justice
- Right to cross-examine
- Sexual harassment at workplace
- Disciplinary proceedings
- Internal Complaints Committee
- Opportunity of hearing
- Violation of principles of natural justice
