CAT junks DSP’s plea against probe, calls for speedy action

Amit Sharma

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Chandigarh, December 14

The Central Administrative Tribunal (CAT) has issued directions to proceed expeditiously against Chandigarh DSP SPS Sondhi in a sexual harassment complaint.

The matter was referred to a third Judicial Member as a difference of opinion arose between Judicial Member Sanjeev Kaushik and Administrative Member Ajanta Dayalan, who as part of a Bench, were hearing the DSP’s application for setting aside the report of the internal complaint committee (ICC) on sexual harassment at workplace. The DSP had submitted that the report should be set aside and directions be issued to drop proceedings against him.

Third Judicial Member Suresh Kumar Batra observed that both members had found substance in the ICC report. But Judicial Member Kaushik declared the report null and void merely on the ground that the ICC had not submitted it within the prescribed period of 90 days. Batra observed no doubt, there was a delay. “But the question is, whether the delay has vitiated the inquiry proceedings. It is a settled proposition of law that every inquiry/investigation must be concluded expeditiously. But vitiation of proceedings due to delay in submission of the report cannot be allowed at the cost of the fundamental right of the victim of sexual harassment at the workplace. The applicant could not establish that any prejudice has been caused to him due to the delay in inquiry proceedings,” he noted.

Batra stated Judicial Member Kaushik, though, directed that since there was a finding against the DSP in the report relating to sexual harassment, therefore, it being misconduct, the Chandigarh Police could proceed against him under the relevant rules.

Batra added it was noted that the further course of action after the submission of inquiry report was at the end of the employer as prescribed under Section 13 (3) of the Sexual Harassment of Women at The Workplace Act, 2013.

While dismissing the DSP’s application, Batra said, “…I concur with the view taken by Ajanta Dayalan… The respondents shall proceed in the matter expeditiously.”

Can’t deny justice to victim

Vitiation of proceedings due to delay in submission of probe report can’t be allowed at cost of fundamental right of the victim of sexual harassment at workplace. — Suresh Kumar Batra, Judicial Member