Case Note & Summary
The petitioner, Matildes Lobato de Faria, a Junior Stenographer working in the office of the Registrar of Co-operative Societies, alleged that she suffered molestation and harassment at the hands of the Registrar, who tried to grab the muster roll from her hands and in the process touched her sexually. She filed a complaint, and a Committee for Prevention of Sexual Harassment of Women was constituted. However, the inquiry report dated 30.11.2006 was made solely by the Chairperson of the committee, without the participation of the entire committee. The petitioner challenged this report by way of a writ petition, seeking quashing of the report and a direction to constitute a fresh committee in accordance with the Supreme Court's judgment in Vishaka v. State of Rajasthan (1997) 6 SCC 241. The court, after hearing the parties, held that the report made by the Chairperson alone is invalid and cannot be sustained. The court observed that the committee must function collectively and that the report should be the result of the collective decision of all members. Accordingly, the court quashed the inquiry report dated 30.11.2006 and directed the respondents to constitute a fresh committee in accordance with the Vishaka guidelines to inquire into the petitioner's complaint. The petition was disposed of with these directions.
Headnote
A) Sexual Harassment at Workplace - Vishaka Guidelines - Committee Composition - Inquiry Report - The inquiry report dated 30.11.2006 was made solely by the Chairperson of the Committee for Prevention of Sexual Harassment of Women, without the participation of the entire committee, in violation of the guidelines laid down by the Supreme Court in Vishaka v. State of Rajasthan (1997) 6 SCC 241. The court held that the report is invalid and liable to be quashed, as the committee must function collectively. (Paras 2-4) B) Sexual Harassment at Workplace - Vishaka Guidelines - Compliance - The court directed the respondents to constitute a fresh committee in accordance with the Vishaka guidelines to inquire into the complaint of the petitioner. (Para 4)
Issue of Consideration
Whether the inquiry report dated 30.11.2006 made solely by the Chairperson of the Committee for Prevention of Sexual Harassment of Women, without the participation of the entire committee, is valid and sustainable in law.
Final Decision
The court quashed the inquiry report dated 30.11.2006 and directed the respondents to constitute a fresh committee in accordance with the Vishaka guidelines to inquire into the petitioner's complaint. The petition was disposed of.
Law Points
- Sexual harassment at workplace
- Vishaka guidelines
- Committee composition
- Inquiry report by Chairperson alone invalid
- Natural justice
