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2020 DIGILAW 320 (GAU)

ANANTA PRASAD v. GAUHATI HIGH COURT

2020-03-02

ACHINTYA MALLA BUJOR BARUA

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ORDER : Heard Mr. MK Choudhury, learned senior counsel for the petitioner and MR. HK Das, learned Standing Counsel for the authorities under the Gauhati High Court. 2. The petitioner, who is serving as the Chief Administrative Officer in the establishment of the Member, Motor Accident Claims Tribunal, Dhubri, is aggrieved by a show cause notice dated 13.02.2020 issued by the Presiding Officer/Member Motor Accident Claims Tribunal, Dhubri under Rule-9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India. Further, an order of suspension dated 13.02.2020 issued by the same authority is also being assailed. 3. We have taken note of the attending facts that on 29.07.2019, the petitioner along with some other employees of the establishment of the Presiding Officer/Member, Motor Accident Claims Tribunal, Dhubri made a representation to the Presiding Officer/Member that on 22.07.2019, the respondent No.4 being the complainant of the sexual harassment allegation came to the office regarding certain matters pertaining to her obtaining leave and in doing so, the woman used some unparliamentarily words and threatened them that she would make a conspiracy for sexual harassment against the persons concerned. On 16.12.2019, the woman concerned makes a complaint against the petitioner before the District Sensitization and Internal Complaints Committee alleging certain acts, which according to the complainant amounted to sexual harassment against her. 4. In response to the complaint made by the respondent No.4 woman, the Presiding Officer/Member, Motor Accident Claims Tribunal, Dhubri required the petitioner to submit his comments on the complaint within a period of 15(fifteen) days thereof. The petitioner accordingly on 04.02.2020 submitted his comments. The Presiding Officer/Member, Motor Accident Claims Tribunal, Dhubri by a notice dated 13.02.2020 instituted a disciplinary proceeding against the petitioner and required him to submit his statement of defence within a period of 15 days thereafter. 5. In the meantime, by a Memo No.602/E dated 11.02.2020, a written explanation was sought from the petitioner by the District Gender Sensitization and Internal Complaints Committee, Dhubri, to which the petitioner gave his explanation by the communication dated 17.02.2020. 6. In the aforesaid factual background, Mr. 5. In the meantime, by a Memo No.602/E dated 11.02.2020, a written explanation was sought from the petitioner by the District Gender Sensitization and Internal Complaints Committee, Dhubri, to which the petitioner gave his explanation by the communication dated 17.02.2020. 6. In the aforesaid factual background, Mr. MK Choudhury, learned senior counsel for the petitioner refers to the provision of Section 13(3)(i) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short Act of 2013), which provides that where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the person concerned has been proved, it shall recommend to the employer or the District Officer, as the case may be to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the person concerned or where no such service rules have been made, in such manner as may be prescribed. It is stated that the petitioner is an employee in the establishment of the Presiding Officer, Motor Accident Claims Tribunal and he is governed by the provisions of the Assam Services (Discipline and Appeal) Rules, 1964, and as such, the provisions of Section 13(3)(i) would have to be construed to be the relevant service Rules applicable to the petitioner. 7. According to Mr. MK Choudhury, learned senior counsel, the stage for invoking the provisions of Section 13(3)(i) has not yet arrived inasmuch as in the proceeding for sexual harassment against the petitioner, the proceeding is still at a stage where the petitioner had submitted his written explanation and further proceeding arriving at any conclusion of the Internal Committee that the allegation against the petitioner has been proved has not yet arrived. 8. 8. Reference is also made to the provisions of Rule 11 of the Gender Sensitisation and Sexual Harassment of Women At the Gauhati High Court and the District Courts (Prevention, Prohibition and Redressal) Regulations, 2014 (in short Rules 2014), wherein also it is provided that the GSICC at the High Court level and District Court level will also have the power to recommend to the Chief Justice or the concerned District and Sessions Judge to pass orders against the person against whom such allegation of sexual harassment is made, including but not limited to amongst others, in appropriate cases to recommend filing of a criminal complaint and or a disciplinary complaint before the concerned disciplinary authority governing the person concerned. 9. We also take note of that Rule 11 of the Rules of 2014 would come into play only after the submission of the enquiry report by the GSICC. A conjoint reading of Section 13((1) of the Sexual Harassment Act, 2013 and Rule 11 of the Rules of 2014, prima-facie shows that in order to initiate a disciplinary proceeding, it must be preceded by a conclusion arrived at by the Internal Committee that the allegations made against the person concerned has been proved. 10. In the circumstance, the respondents to produce the records of the authority which may indicate whether the allegations made against the petitioner were proved before the Internal Committee and whether a report to that extent existed before the order of suspension dated 13.02.2020 and the show cause notice by a disciplinary proceeding dated 13.02.2020 was issued. 11. List the matter again on 04.03.2020 for the records. 12. Let a copy of this order be provided to Mr. HK Das, learned Standing Counsel for the Gauhati High Court.