Case Note & Summary
The petitioner, Sri Nagaraj G K, was appointed as a Finance Officer on a contract basis with the Karnataka Health Promotion Trust. During his employment, the second respondent, Smt. Sahana Shekhar, lodged a complaint of sexual harassment at the workplace against him. The internal committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) conducted an inquiry and submitted a final report dated 25.09.2024 (Annexure-A) recommending action. Based on this report, the Chief Executive Officer (respondent no. 7) issued a transfer order dated 06.10.2024 (Annexure-B) transferring the petitioner from Bengaluru to Koppal, and the internal committee issued a further order dated 08.10.2024 (Annexure-C). The petitioner challenged these orders by way of a writ petition under Articles 226 and 227 of the Constitution of India. The primary legal issue was whether the inquiry was conducted in violation of principles of natural justice. The petitioner contended that he was not supplied with copies of the complaint, the statements of witnesses, and other documents relied upon by the internal committee, which prevented him from effectively defending himself. The respondents argued that the petitioner had participated in the inquiry and was given an opportunity to submit a reply. The court analyzed the requirements of natural justice under the POSH Act and held that the failure to provide the petitioner with the complaint and supporting documents constituted a serious procedural irregularity. The court noted that the right to a fair hearing includes the right to know the allegations and the evidence against the accused. Since the petitioner was not supplied with these documents, the inquiry report and the consequential transfer order were unsustainable. The court quashed Annexures-A, B, and C, and directed that the matter be remitted to the internal committee for a fresh inquiry, with the direction to provide the petitioner with all relevant documents and a reasonable opportunity of hearing. The court also clarified that the petitioner would be entitled to continue in his original place of posting until the fresh inquiry is completed.
Headnote
A) Service Law - Sexual Harassment at Workplace - Natural Justice - Supply of Documents - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 11 and 13 - Petitioner, a Finance Officer, challenged the internal committee's report and transfer order alleging sexual harassment - Court held that non-supply of complaint, witness statements, and documents to the accused employee vitiates the inquiry as it denies a reasonable opportunity of defence - Held that principles of natural justice require that the accused be given copies of all material relied upon (Paras 1-5). B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Quashing of Inquiry Report - Court exercised its writ jurisdiction to quash the internal committee's report and transfer order due to procedural irregularities - Held that where a statutory inquiry violates natural justice, the High Court can interfere under Article 226 (Paras 1-5).
Issue of Consideration
Whether the internal committee's final report and the consequent transfer order are sustainable when the petitioner was not supplied with copies of the complaint, statements of witnesses, and other documents relied upon by the committee, thereby violating principles of natural justice.
Final Decision
The court quashed Annexures-A, B, and C (the internal committee's final report, the transfer order, and the subsequent order) and remitted the matter to the internal committee for a fresh inquiry. The committee was directed to provide the petitioner with all relevant documents and a reasonable opportunity of hearing. The petitioner was allowed to continue in his original place of posting until the fresh inquiry is completed.
Law Points
- Natural justice
- right to fair hearing
- supply of documents
- principles of audi alteram partem
- Sexual Harassment of Women at Workplace (Prevention
- Prohibition and Redressal) Act
- 2013
- Section 11
- Section 13
- writ jurisdiction under Articles 226 and 227 of the Constitution of India
