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TMI Blog2023 (11) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... witnesses in a departmental inquiry? i) "Fact Finding" Authority in Disciplinary Proceedings E.4 Whether the Central Complaints Committee based its findings on conjectures and surmises? Whether the case on hand is one of "no evidence"? i) Principle of "No Evidence" in Service Jurisprudence ii) Standard of Proof in Disciplinary Proceedings F. CONCLUSION The Registry is directed to anonymize the name of the complainant in this Judgment, all orders that have been passed as well as in the records which are publicly available. 1. This appeal is at the instance of the Union of India and others being the unsuccessful Respondents before the High Court and is directed against the judgment and order dated 15.05.2019 passed by the Gauhati High Court in Writ Petition (C) No. 7876 of 2015 by which the High Court allowed the writ petition filed by the Respondent herein (original Petitioner) and thereby set aside the order of penalty of withholding of 50% pension for all times to come, imposed upon the Respondent herein in connection with the disciplinary proceedings initiated on the allegations of sexual harassment. 2. We are dealing with a litigation relating to sexual harassment. Sexu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Office. 2. Having just started discharging my duties devotedly the A.O. Mr. Dilip Paul started teasing me tactically. He started making phone calls to me sometimes at night using unofficial and multimeaninged word. Even he went to the extent of visiting my residence where I stay alone with two of my children as my husband is a state Government employee in Manipur. 3. Sometimes CAP work needs close working with the officers. Taking the advantage he used to call me in his room and started teasing indirectly and unnecessarily makes me sit for hours. One day he went to the extent of saying "If you want to work happily in my office, then agree to my saying. 4. I have been tolerating his acts since the last two and half years. I could neither inform my husband nor lodge any written complaint against such acts as it will be difficult to give evidence. Unable to bear the situation I have verbally complaint to the then DIG Shri S.C. Katoch over Telephone in May, 2010 about Mr. Paul uncivilized altitude. The DIG did a favour and warned Mr. Paul of severe consequences if he did not stopped misbehaving. 5. Since then, he stopped teasing but instead began torturing me mentally. I have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand, in his written statement Shri Dilip Paul, Area Organiser pointed out that she was found even unfit in any kind of assignment, and therefore, she was not assigned with any work just before her transfer i.e. from 18-08-11. But it is also duty of supervisory officer as administrator and manager to somehow motivate his sub-ordinate staff and take work from them. In the case of Smt. X, FA(Lady), Shri Dilip Paul, Area Organiser, is found to have failed to motivate her and get work from her. Regarding allegation of tactical and indirect teasing and making her to sit in the office chamber of Area Organiser, hours together, none of the staff have stated to have ever seen such situation in the office. Hence the allegation of direct/indirect teasing and harassments to Smt. X, FA(L) by Shri Dilip Paul could not be ascertained. However, since Smt. X referred the case to National Women Rights Commission, New Delhi the matter may be under investigation by them. Yours faithfully Deputy Inspector General SHQ, SSB, Tezpur b) Similarly, as per the report on the anonymous complaints, nothing substantive was found as regards the allegations. The said report further noted that during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g atmosphere in the Area Office. At the same time, Shri Dilip Paul, Area Organiser may be advised to improve upon his man management, administration and other official dealings, skills and tactics with his sub-ordinate staff to bring back congenial atmosphere in the office. Yours faithfully Sd/- Deputy Inspector General Sector Hqrs. SSB, Tezpur A.2 Frontier Complaints Committee's Inquiry Report 5. Simultaneously, a Frontier Complaints Committee comprising of three women members was constituted by the IG, Frontier HQ, Guwahati to inquire into the allegations of sexual harassment levelled by the complainant in her first complaint dated 30.08.2011. The Frontier Complaints Committee upon completion of the inquiry, submitted its report dated 17.01.2012 to the Frontier Headquarters SSB, New Delhi through the IG, Guwahati, stating that the allegations levelled by the complainant could not be said to have been fully established or proved. The Committee further observed that the complainant had lodged her first complaint after a delay of more than two years and had also failed to produce any documentary evidence in support of her allegations. The relevant observations of the Front ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Respondent as regards the receipt of all relevant documents, the Central Complaints Committee inquired with the Respondent whether he pleaded guilty to the charges or not. The Respondent pleaded not guilty and categorically denied the charges levelled against him. The relevant portion of the Central Complaints Committee's Report reads as under: VI. CHARGES WHICH WERE ADMITTED/ DROPPED/ NOT PRESSED: Shri Dilip Paul, the charged officer did not plead guilty to any of the allegations made by Smt. X, FA (Lady) vide complaint dated 30.08.2011 framed against him. 10. The Central Complaints Committee in the course of its inquiry examined in all 20 witnesses produced by the complainant (in Clause 5 witnesses who were earlier examined by the Frontier Level Complaints Committee) and 6 witnesses on behalf of the Respondent (in Clause 1 witness earlier examined by the Frontier Level Complaints Committee). Later, the Central Complaints Committee delineated the charges to be inquired by it into 10 distinct points. The points of determination framed by the Committee reads thus: VII. CHARGES ACTUALLY INQUIRED INTO AND POINTS TO BE DETERMINED The Complaints Committee is aware t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l would stare at her in the workplace, such as the repeated incidents in which he would come out from his office into the room that she was sitting, on the pretext of drinking water. This charge, if substantiated, is admissible under the Vishaka definition of sexual harassment as it involves sexually coloured remarks and other unwelcome physical, verbal or non-verbal conduct of sexual nature. Point 3: That Shri Dilip Paul would attempt to touch her in an unwelcome sexually determined manner in the workplace, such as an incident when, on the pretext of teaching her to operate a laptop, he come close to her and touched her shoulder and body. This charge, if substantiated, is admissible under the Vishaka definition of sexual harassment as it involves physical contact and advances and other unwelcome physical, verbal or non-verbal conduct of sexual nature. Furthermore, it may also be shown to be discriminatory if it is substantiated that Smt. X believed that her objection to Shri Dilip Paul's conduct would disadvantage her in connection with her employment and her apprehension that if would create a hostile work environment. Point 4: That Shri Dilip Paul would often make her wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advances. b. On one occasion, Shri Dilip Paul came to Smt. X's home at around 4.45 a.m. and insisted that she came out for a morning walk with him. Fearful that if she refused, he would insist on coming into her house at that hour, she accompanied him for a short distance. c. That, on one uninvited visit to Smt. X's home, Shri Dilip Paul came with a bottle of alcohol and sought to pressure her to join him in drinking. When she tried to get away from him by going to the kitchen, Shri D. Paul followed her and tried to force himself upon her by embracing her. She somehow managed to extricate herself and ran out the house, and remained there until Shri D. Paul left the house. d. That on his uninvited visits to Smt. X's home, Shri Dilip Paul showed an unnatural and unhealthy interest in her daughter. He would call the child and draw her to him, and would then attempt to hold her in a very 'dirty' manner. On the occasion that this happened, he only let go of the child when Smt. X called the child to her in Manipuri. e. That when Shri Dilip Paul visited her house one evening in April 2010, shortly after her return from the Study Tour to South India, he made un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nesses relating to the past history of the Accused. She has also stated that she was not afforded the right of cross-examination of Shri Paul, or a chance to rebut his alleged false statements. After the completion of the thereafter quashed enquiry, she was not also provided a copy of the enquiry report. In her deposition as well as the written submissions made to the Complaints Committee, she also pleaded that due cognizance be taken of the fact that, as a woman employee of the SSB, she was entirely unaware of that a Complaints Committee mechanism for dealing with complaints of sexual harassment was in place, and that as a complainant, she had the right to submit a request for either her own transfer or the transfer of the Defendant. She has also queried whether the promotion of Shri Dilip Paul on 11 September 2012 to the rank of DIG is maintainable when a complaint of sexual harassment in the workplace against him was pending. 11. While the Central Complaints Committee's Inquiry was still pending, the Ministry of Home Affairs i.e., the Competent Authority vide its order dated 30.11.2012 annulled the Frontier Level Complaints Committee's Inquiry Report on the ground that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d below: XI. RECOMMENDATIONS The Complaints Committee finds that the charges of sexual harassment in the workplace have been well proven. Moreover a perusal of the charged officer's defence statement, in which Shri Dilip Paul attempts to slander and assassinate the complainant, alone speaks volumes about his respect for women. In view of its findings, the Complaints Committee makes the following recommendations: 1. That Shri Dilip Paul be given exemplary punishment for his sustained sexual harassment of Smt. X in the form of dismissal from service, and he be stripped of promotion to DIG and the Police medal awarded to him. 2. That Smt. X be reimbursed for the TA/DA that was denied to her in her transfer to Ftr Hqrs Guwahati. 3. That Smt. X be provided a copy of the Complaints Committee report. 4. That the SSB implement on a war-footing its standing order 1/2006 by organizing regular workshops for women employees to sensitise them about the nature of sexual harassment and their rights as women employees, as well as the procedures detailed by the said order. Members of the Complaints Committees instituted by the SSB should regularly tour the various divisions and area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ummon her into his room in his official capacity and would make her sit for hours. That the said Shri Paul on one pretext or the other used to make personal contact with her body. (b) That repeatedly, he used to tell the complainant that if she kept him satisfied by cooperating with the sexual activities, she shall be protected from all corners. (c) That in one of the incident, when he had visited her residence, he had entered the kitchen and embraced her. (d) That he repeatedly proposed marriage to her. (e) That the said Shri Paul had many a times tried to outrage her modesty. (f) That she had complained against the Officer to the then DIG Shri S.C. Katoch, who had also warned the officer to desist from doing such activities. (g) That during the course of the proceedings, some additional allegations were also levelled. On these allegations, the Complaint Committee examined all the relevant witnesses in presence of the Accused. The Accused was afforded all the opportunities of defense. AND WHEREAS, Smt. B. Radhika, Joint Director, CCTNS-II, NCRB, New Delhi, Chairman of the complaint committee submitted the inquiry report dated 28.12.2012 to the disciplinary authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SC advice. All the relevant issues have been accordingly examined by the Ministry of Home Affairs being the Competent Disciplinary Authority. The issues agitated by the Charged Officer were found devoid of merit by the Disciplinary Authority. Accordingly, the charge of sexual harassment of a woman at work place levelled against the Charged Officer has been proved beyond shadow of doubt by a Committee headed by Jt. Director, NCRB, which has been upheld by the Disciplinary Authority. NOW, THEREFORE, after careful consideration on the findings of inquiry report, UPSC advice, written submission of Charged Officer and other related records of the case, the President of India has come to the conclusion that justice would be met if the penalty of "withholding of 50% (fifty percent) of monthly pension on permanent basis" is imposed upon the Charged Officer Shri Dilip Paul, the then Area Organiser, now Ex-DIG, SSB. ACCORDINGLY, the aforesaid penalty is hereby imposed upon Shri Dilip Paul, Ex-DIG who had superannuated on 31.03.2013. The gratuity amount, if not otherwise required may be released to him. (By order and in the name of the President) Sd/- (Vandan Saxena) Assistant Direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adhika, IPS there under; (ii) Memorandum dated 10.12.2012 (Annexure-16) and cancellation of the enquiry report of the Frontier Level Complaint Committee there under, and (iii) the Enquiry report dated 28.12.2012. (Annexure-17) of the Central Complaint Committee. 21. The CAT, Guwahati vide its final judgment & order dated 03.07.2015 dismissed the said OA No. 181 of 2013 observing that the Frontier Complaints Committee had not been constituted as per the 2006 Standing Order, and as the disciplinary proceedings were still pending, it refrained from expressing any opinion in regard to the Central Complaints Committee's Inquiry (except expressing some reservations on the issue of penalty recommended therein) and directed that the disciplinary proceedings be completed within 4-months. The relevant portion reads as under: 61. Undisputedly, the Chairperson of the Frontier Level Complaint Committee was Junior in the rank to the applicant, inasmuch as the applicant got promotion in the rank of Area Organizer on 22.12.2005, whereas the Chairperson was promoted to the rank of complainant, which is not prescribed as per Standing Operating Procedure of the department. The fact that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original reliefs prayed before the CAT, Guwahati. B. IMPUGNED ORDER PASSED BY THE HIGH COURT 25. The impugned judgment of the High Court is in three parts. In other words, the High Court allowed the writ petition and set aside the order of penalty on three grounds: (i) First, the High Court took the view that the Central Complaints Committee was constituted by the competent authority to inquire into only the first complaint dated 30.08.2011, however, the Central Complaints Committee during the course of its inquiry also looked into the allegations levelled in the second Complaint dated 18.09.2012 which it could not have. The relevant observations on this issue read as under: 41. What is important to note is that a complaint dated 18.09.2012 along with five Annexures was submitted by Smt. X to the Chairperson of the CCC and copy of such complaint was also made available to the Petitioner. In the inquiry report the above fact is not mentioned. It also does not appear that the said complaint was brought to the notice of the disciplinary authority. The CCC was mandated by the authority to inquire into the complaint dated 30.08.2011. However, it is manifest from the inquiry report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmittee asked questions to the prosecution witnesses and examination-in-chief was done by, the committee. Prosecution witness, Mr. S.C. Katoch, who was cross-examined by the complainant, in his statement had stated that the complainant had made only one call on his mobile and that she had mentioned that the Petitioner is harsh in his office work and had given her duty in control room for which she is to sit in the control room after office hours. He had, in other words, negated the assertions made in the complaint that she had informed about sexual harassment meted out by the Petitioner. The CCC, however, noted that it appeared that Shri Katoch had pre-judged the complaint as untrue. When his evidence was that there was no complaint of sexual harassment, there was no occasion for the CCC to opine that he pre-judged the complaint. He was also put fifteen questions by the CCC, which was styled as "examination- in-chief" 46. It is noticed that the prosecution witnesses were also put questions by the CCC, which is evident from the report of the CCC under the heading "V. Examination of witnesses", wherein the CCC itself recorded that CCC had conducted the examination-in-chief whenever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .09.2012 at 10:00 am. The Respondent was served with all the relevant documents including the complaint dated 20.08.2011. Further, the list of 'witnesses to be examined' submitted by the Complainant on 18.09.2012 was also supplied to the Respondent. The Respondent appeared and submitted that he will provide the name of his counsel within an hour. Therefore, on his request, the proceedings were adjourned to 2 PM. At 2 PM, he submitted an application seeking 30 days' time for engagement of counsel. The Committee after taking into account his request granted one week's time to provide name of his counsel in order to complete the proceedings within the stipulated time period. c. It is important to mention that the next date of the hearing was fixed for 26.11.2012 i.e., after 2 months. When the Respondent was enquired about the name of his counsel, he submitted before the Committee that he will represent himself and cross-examine the witnesses and he himself examined as many as 11 witnesses. Thus, the Respondent participated in the enquiry proceedings and chose to defend himself despite sufficient time being given. d. The allegation made by the Respondent that the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FLCC was not an officer who was senior to the Petitioner against whom the complaint was made as required Under Rule 9(b)(a) of the Departmental Standard Operating Procedure on Sexual Harassment. The said decision was conveyed to the Respondent vide Memo dated 10.12.2012. c. Further, it is submitted that even if in the FLCC reports no allegations were found to be proved against the Respondent, same would not have any material bearing on the facts as the said report were subsequently annulled by the competent authority and a fresh committee was constituted as per the rules. III. The punishment imposed is proportionate to the offence committed by the Respondent. a. It is submitted that this Hon'ble Court in a number of cases has held that the High Court while exercising its powers Under Article 226 would not interfere with the quantum of punishment unless it shocks the conscience of the court. b. Further, it has been held in catena of cases that scope of judicial review in case of misconduct and imposition of penalty under the service jurisprudence is limited as to whether the charges have been established on the basis of a fair enquiry. The scope is limited to the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , more particularly Sub-rule 1 and 2 of Rule 15 imposed a categorical restriction on holding of a 2nd and further statutory inquiry. But in the instant case, in spite of the fact that the sole Respondent was exonerated from the alleged complaint by three successive enquiries i.e. i) the Fact Finding enquiry, ii) first the statutory enquiry conducted by the duly constituted Frontier Level Committee and iii) a second statutory enquiry (in fact it was 4th enquiry in the series which includes inquiry on the basis of another anonymous complaint) by the Central Complaint Committee was instituted. Subject matter of all the facts were on the same set of allegations." 3. That, this Hon'ble Court in Vijay Shankar Pandey v. U.O.I. and another, reported in (2014) 10 SCC 589, held as follows: 26. It can be seen from the above that the normal Rule is that there can be only one enquiry. This Court has also recognized the possibility of a further enquiry in certain circumstances enumerated therein. The decision however makes it clear that the fact that the report submitted by the enquiring authority is not acceptable to the disciplinary authority, is not a ground for completely setting asi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The requirement of the officer proceeded against to be formally asked whether he pleads guilty or not would, according to the understanding of the court, is not an opportunity to such officer only to answer the same in a mono-syllable. The Hon'ble High Court held that to give meaning to the word "formally", a real and effective opportunity has to be granted to the officer concerned to make his comment in writing in response to the complaint. Apparently, no such opportunity was afforded. There is no indication that in respect of the complaint dated 18.09.2012, the officer was even asked as to whether he pleads guilty to the allegations made therein or not. 8. That, the Hon'ble High Court at para 43 of its judgment (Page 70-71 of the SLP) rightly held that few points of allegations are no way connected to the complaint dated 30.08.2011. The Hon'ble High Court held that two inquiries had also taken place and, after more than a year later, after lodging of the complaint dated 30.08.2011, another complaint with many allegations was submitted to the Chairperson of the CCC on 18.09.2012. Accordingly the Hon'ble High Court rightly held that the CCC could not have entert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature even to her female colleagues. In this regard, the Hon'ble High Court correctly held that the Central Complaint Committee (CCC) ought to have recorded its finding based on evidence on record and not on surmises and conjectures. 12. That, it may be mentioned here that the sole Respondent was most decorated officer in his cadre in SSB. He was awarded by the President of India for his exemplary services. He was a recipient of Indian Police Medal, DG's Disc with Commendation (2 times), Best Performing Officer in SSB (Best Area) for 04 consecutive years from 2009, 2010, 2011 and 2012, recipient of various appreciations in each month from all senior controlling officers including DG of SSB. Now after putting in 35 glorious years of service in SSB, he has been victimized and forced to proceed on superannuation without a single penny from the department. Even his personal accumulation under different heads has also not been sanctioned to him. The sole Respondent is still deprived of his retiral benefit like gratuity and others as the gratuity due to him cannot be withheld as the nature of allegation is not related any financial issues and there was no order by any quarter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nquiry and thereby vitiating the disciplinary proceedings? III. Whether the Central Complaints Committee could be said to have based its findings on mere conjectures and surmises? Whether the case on hand is one of "No Evidence"? IV. Whether the High Court committed any egregious error in passing the impugned judgment and order? E.1 Relevant Statutory Scheme and Case Law 31. Before adverting to the rival contentions canvassed on either side, we must look into the statutory scheme relating to the complaints of sexual harassment. 32. Sexual harassment is a pervasive and deeply rooted issue that has plagued the societies worldwide. In India, it has been a matter of serious concern, and the development of laws to combat sexual harassment is a testament to the nation's commitment towards addressing this problem. Sexual harassment has existed in India for centuries, but it was only in the latter half of the 20th century that it began to gain legal recognition. 33. The turning point against the growing social menace of sexual harassment of women at work place could be traced back to the pathbreaking decision of this Court in Vishaka and Ors. v. State of Rajasthan and Ors. repo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eds to be accompanied by directions for prevention, as the violation of fundamental rights of this kind is a recurring phenomenon. The fundamental right to carry on any occupation, trade or profession depends on the availability of a "safe" working environment. Right to life means life with dignity. The primary responsibility for ensuring such safety and dignity through suitable legislation, and the creation of a mechanism for its enforcement, is of the legislature and the executive. When, however, instances of sexual harassment resulting in violation of fundamental rights of women workers Under Articles 14, 19 and 21 are brought before us for redress Under Article 32, an effective redressal requires that some guidelines should be laid down for the protection of these rights to fill the legislative vacuum. xxx xxx xxx 7. In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all workplaces, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1993. TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in workplaces as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women: 1. Duty of the Employer or other responsible persons in workplaces and other institutions: It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. 2. Definition For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e) any other unwelcome physical, verbal or non-verbal conduct of sexua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or their own transfer. 5. Disciplinary Action: Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound-treatment of complaints. 7. Complaints Committee The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Parliament and the State Legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence-domestic violence, sexual assault, sexual harassment at the workplace, etc.-and provide new initiatives for education and advancement of women and girls in all spheres of life. After all they have limitless potential. Lip service, hollow statements and inert and inadequate laws with sloppy enforcement are not enough for true and genuine upliftment of our half most precious population- the women. 44. In what we have discussed above, we are of the considered view that guidelines in Vishaka (Vishaka v. State of Rajasthan, (1997) 6 SCC 241: 1997 SCC (Cri) 932) should not remain symbolic and the following further directions are necessary until legislative enactment on the subject is in place: 44.1. The States and Union Territories which have not yet carried out adequate and appropriate amendments in their respective Civil Services Conduct Rules (by whatever name these Rules are called) shall do so within two months from today by providing that the report of the Complaints Committee shall be dee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, institutions and persons registered/affiliated with them follow the guidelines laid down by Vishaka (Vishaka v. State of Rajasthan, (1997) 6 SCC 241: 1997 SCC (Cri) 932). To achieve this, necessary instructions/circulars shall be issued by all the statutory bodies such as the Bar Council of India, Medical Council of India, Council of Architecture, Institute of Company Secretaries within two months from today. On receipt of any complaint of sexual harassment at any of the places referred to above the same shall be dealt with by the statutory bodies in accordance with Vishaka (Vishaka v. State of Rajasthan, (1997) 6 SCC 241: 1997 SCC (Cri) 932), guidelines and the guidelines in the present order." (Emphasis supplied) 36. The relevant statutory rules, applicable to the case on hand, are the Central Civil Services (Conduct) Rules, 1964 (for short, "the 1964 CCS Rules") and the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short, "the 1965 CCS Rules") enacted in exercise of the powers conferred by the proviso to Article 309 and Clause 5 of Article 148 of the Constitution of India. 37. Part VI of the 1965 CCS Rules contains the relevant provisions rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or wholly or substantially financed by funds provided directly or indirectly by the Central Government; (ii) hospitals or nursing homes; (iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; (iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey; (v) a dwelling place or a house. xxx xxx xxx 14. Procedure for imposing major penalties.- (1) No order imposing any of the penalties specified in Clauses (v) to (ix) of Rule 11 shall be made except after an inquiry held, as far as may be, in the manner provided in this Rule and Rule 15, or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is held under that Act. (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this Rule or under the provisions of the Public Servant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishaka and Ors. v. State of Rajasthan and Ors. (AIR 1997 SC 3011) while recognizing the International Convention and norms has interpreted gender of women, in relation to work and held that sexual harassment of women at the workplace, which is against their dignity is a clear violation of the fundamental rights of "Gender Equality" and the "Right to Life and Liberty" enshrined in Article 14, 15 and 21 of the Constitution of India. Other logical consequences of such an incident is also the violation of the victim's fundamental right Under Article 19(1) (g) 'to practice any profession or to carry out any occupation, trade or business'. Gender equality includes protection from sexual harassment and right to work with dignity. 4. In absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse more particularly against harassment at work place, the Hon'ble Supreme Court has laid down the guidelines and norms for compliance at all workplaces and institutions. Under Article 141 of the Constitution, these guidelines and norms of the Hon'ble Supreme Court are required to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specific offence under the Indian Penal Code or under any other law, the head of unit/competent authority shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 9. COMPLAINT COMMITTEES Complaint Committees at two levels will exist in SSB i.e. Central Complaint Committee at the Directorate and Frontier Complaint Committee at the Frontier level. (a) The Central Complaint Committee will consist of the following: (b) Frontier level Complaint Committee will be constituted as follows: (c) The charter of the Central Complaint Committee and the Frontier Complaint Committee would, inter alia, include: 10. COMPLAINT MECHANISM This procedure/mechanism has been devised in pursuance of Hon'ble Supreme Court judgment dated 26.04.2004 in the matter of Medha Kotwal Lele and Ors. v. UOI and Ors. WP (Crl) No. 173-177-1999 and Govt. of India, Ministry of Personn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , should be given in writing to the Chairperson of the Complaints Committee who may put them to victim or witnesses in a language which is clear and NOT EMBARRASSING." The questions shall thus be vetted by the Chairperson of such Complaints Committee. ix) The cross examination of witnesses should be with strict regard to decency and should not be against the dignity of the women. x) During the course of enquiry by the Complaints Committee, the question of relevance is to be decided by the Chairperson and aggrieved provided with opportunity of being heard. xi) There may not be any Presenting Officer but a Defence Assistant shall be provided during the course of enquiry and rest of the enquiry shall be completed as per the provisions provided in CCS (CCA) Rules 1965 or as per the provisions of any other Rules. xii) The statement of witnesses to be authenticated by the signature of witnesses, the alleged officer/official and the Complaints Committee Chairperson. xiii) After completion of recording statement of witnesses (say from the prosecution side), the alleged officer/official should be given opportunity to produce defence, if any. It shall be ensured that the Rule of La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he senior officers during their visit/ inspections of the subordinate formations will reiterate the instruction in their meeting and Sainik Sammelans. * They will review the complaints received by them in their respective offices. * They will ensure that proper working environment is provided in their subordinate offices for the women and they are not discriminated on any point. 13. AWARENESS * Awareness of the right of female employees in this regard should be created in particular by prominently notifying and displaying the guidelines at appropriate places. * Women employees should be allowed to raise issues of sexual harassment at work places through personal interviews, orderly rooms, welfare meetings, Sainik Sammelans etc. 14. SAVINGS Nothing contained in these standing orders shall prejudice any right available to the employee or prevent any person from seeking any legal remedy under the National Commission for Women Act 1990, Protection of Human Rights Commission Act 1993 or under any other law for the time being in force. 15. INTERACTION OF COMMITTEE WITH WOMEN 1. The National Commission for Women has recommended that Proactive steps such as meeting with w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the expression "as far as is practicable" indicates a play in the joints available to the Complaints Committee to adopt a fair procedure that is feasible and elastic for conducting an inquiry in a sensitive matter like sexual harassment at the workplace, without compromising on the principles of natural justice. Needless to state that the fact situation in each case will vary and therefore no set standards or yardstick can be laid down for conducting the inquiry in complaints of this nature. However, having regard to the serious ramifications with which the delinquent employee may be visited at the end of the inquiry, any discordant note or unreasonable deviation from the settled procedures required to be followed, would however strike at the core of the principles of natural justice, notwithstanding the final outcome. (Emphasis supplied) 42. It is well settled that when it comes to disciplinary proceedings, it is the inquiry authority and the disciplinary authority who could be said to be the fact-finding authority and the courts in exercise of their powers of judicial review should not sit in appeal and reappreciate the evidence or substitute its own findings. The scope of j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in (1999) 1 SCC 759 observed that the courts should not get swayed by insignificant discrepancies or hyper-technicalities. The allegations must be appreciated in the background of the entire case, and the courts must be very cautious before any sympathy or leniency is shown towards the delinquent. It further held that the courts are obliged to rely on any evidence of the complainant that inspires confidence. The relevant observations are reproduced below: 28. ... In a case involving charge of sexual harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of a case and not get swayed by insignificant discrepancies or narrow technicalities or the dictionary meaning of the expression "molestation". They must examine the entire material to determine the genuineness of the complaint. The statement of the victim must be appreciated in the background of the entire case. Where the evidence of the victim inspires confidence, as is the position in the instant case, the courts are obliged to rely on it. Such cases are required to be dealt with great sensitivity. Sympathy in such cases in favour of the superior officer is wholly misplaced and m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that courts uphold the spirit of the right against sexual harassment, which is vested in all persons as a part of their right to life and right to dignity Under Article 21 of the Constitution. It is also important to be mindful of the power dynamics that are mired in sexual harassment at the workplace. There are several considerations and deterrents that a subordinate aggrieved of sexual harassment has to face when they consider reporting sexual misconduct of their superior. In the present case, the complainant was a constable complaining against the Respondent who was the head constable - his superior. Without commenting on the merits of the case, it is evident that the discrepancy regarding the date of occurrence was of a minor nature since the event occurred soon after midnight and on the next day. Deeming such a trivial aspect to be of monumental relevance, while invalidating the entirety of the disciplinary proceedings against the Respondent and reinstating him to his position renders the complainant's remedy at nought. The history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons agg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Committee at the earliest point of time" connotes two pertinent aspects; (i) first, that the word "prefer" stipulates that the said provision is an enabling provision that permits a person from making a complaint of sexual harassment directly to the complaints committee which is the designated committee for looking into such complaints and (ii) secondly, the said provision contains nothing which could be construed to inhibit the filing of a subsequent or additional complaint before the complaints committee. 49. What emerges from the aforesaid is that irrespective of whether a prior complaint had already been made to any authority, a complaint regarding sexual harassment could be made under Clause 10(i) of the 2006 Standing Order to the complaints committee as-well. Whether the additional or second complaint should be entertained by the complaints committee is a completely different tangent and must be ascertained on the touchstone of whether it was filed at the earliest point of time and whether the same has been mischievously filed at a belated stage to cause prejudice to the person-charged. In the instant case, the Central Complaints Committee was constituted on 06.08.2012 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be held good. However, the courts below misdirected themselves, perhaps, in insisting that passengers who had come in and gone out should be chased and brought before the tribunal before a valid finding could be recorded. The 'residuum' Rule to which counsel for the Respondent referred, based upon certain passages from American Jurisprudence does not go to that extent nor does the passage from Halsbury insist on such rigid requirement. The simple point is, was there some evidence or was there no evidence - not in the sense of the technical Rules governing regular court proceedings but in a fair commonsense way as men of understanding and worldly wisdom will accept. Viewed in this way, sufficiency of evidence in proof of the finding by a domestic tribunal is beyond scrutiny. Absence of any evidence in support of a finding is certainly available for the court to look into because it amounts to an error of law apparent on the record. (Emphasis supplied) 52. In view of this unequivocal and clear proposition of law set out in Rattan Singh (supra), it could be said that there was no legal bar on the Central Complaints Committee to look into the allegations levelled in the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is "so unreasonable that no reasonable man could have ever come to it", or the decision is "so outrageous" in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it "or that it is so absurd that one is satisfied that the decision-maker must have taken leave of his senses", it calls for interference by a competent court of law. 55. As discussed before, this Court in Apparel Export Promotion Council (supra) had held that in sensitive matters such as sexual harassment & misconduct, there is an obligation to look into the entire evidence of the complainant that inspires confidence. What is discernible from the above is that in disciplinary proceedings documents and materials such as evidence or pleadings be it statement of defence or a complaint should be readily entertained by the courts and more so by the disciplinary & inquiry authorities irrespective of whether they are later actually relied or not in the ultimate decision making. Thus, it would be quite preposterous to hold that the complainant was precluded from making the second complaint before the Central Complaints Commit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tunity to produce evidence/material in support of his case after the close of evidence of the other side. If no such opportunity is given at all in spite of a request therefor, it will be difficult to say that the enquiry is not vitiated. But in respect of many procedural provisions, it would be possible to apply the theory of substantial compliance or the test of prejudice, as the case may be. The position can be stated in the following words: (1) Regulations which are of a substantive nature have to be complied with and in case of such provisions, the theory of substantial compliance would not be available. (2) Even among procedural provisions, there may be some provisions of a fundamental nature which have to be complied with and in whose case, the theory of substantial compliance may not be available. (3) In respect of procedural provisions other than of a fundamental nature, the theory of substantial compliance would be available. In such cases, complaint/objection on this score have to be judged on the touchstone of prejudice, as explained later in this judgment. In other words, the test is: all things taken together whether the delinquent officer/employee had or did not have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he enquiry; the complaint should be examined on the touchstone of prejudice as aforesaid. xxx xxx xxx 33. We may summarise the principles emerging from the above discussion. (These are by no means intended to be exhaustive and are evolved keeping in view the context of disciplinary enquiries and orders of punishment imposed by an employer upon the employee): (1) An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in violation of the rules/Regulations/statutory provisions governing such enquiries should not be set aside automatically. The Court or the Tribunal should enquire whether (a) the provision violated is of a substantive nature or (b) whether it is procedural in character. (2) A substantive provision has normally to be complied with as explained hereinbefore and the theory of substantial compliance or the test of prejudice would not be applicable in such a case. (3) In the case of violation of a procedural provision, the position is this: procedural provisions are generally meant for affording a reasonable and adequate opportunity to the delinquent officer/employee. They are, generally speaking, conceived in his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n public interest. If it is found to be the former, then it must be seen whether the delinquent officer has waived the said requirement, either expressly or by his conduct. If he is found to have waived it, then the order of punishment cannot be set aside on the ground of the said violation. If, on the other hand, it is found that the delinquent officer/employee has not waived it or that the provision could not be waived by him, then the Court or Tribunal should make appropriate directions (include the setting aside of the order of punishment), keeping in mind the approach adopted by the Constitution Bench in B. Karunakar [(1993) 4 SCC 727: 1993 SCC (L&S) 1184: (1993) 25 ATC 704]. The ultimate test is always the same, viz., test of prejudice or the test of fair hearing, as it may be called. (5) Where the enquiry is not governed by any rules/Regulations/statutory provisions and the only obligation is to observe the principles of natural justice - or, for that matter, wherever such principles are held to be implied by the very nature and impact of the order/action - the Court or the Tribunal should make a distinction between a total violation of natural justice (rule of audi altera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantive provisions, e.g., who is the competent authority to impose a particular punishment on a particular employee. Such provision must be strictly complied with as in these cases the theory of substantial compliance may not be available. For example, where a Rule specifically provides that the delinquent officer shall be given an opportunity to produce evidence in support of his case after the close of the evidence of the other side and if no such opportunity is given, it would not be possible to say that the enquiry was not vitiated. But in respect of many procedural provisions, it would be possible to apply the theory of substantial compliance or the test of prejudice, as the case may be. Even amongst procedural provisions, there may be some provisions of a fundamental nature which have to be complied with and in whose case the theory of substantial compliance may not be available, but the question of prejudice may be material. In respect of procedural provisions other than of a fundamental nature, the theory of substantial compliance would be available and in such cases objections on this score have to be judged on the touchstone of prejudice. The test would be, whether t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainants were disclosed to the Appellant. He was, therefore, well aware of the nature of allegations levelled against him. Not only was the material proposed to be used against him during the inquiry furnished to him, he was also called upon to explain the said material by submitting his reply and furnishing a list of witnesses, which he did. Furthermore, on perusing the Report submitted by the Committee, it transpires that depositions of some of the complainants were recorded audio-visually by the Committee, wherever consent was given and the Appellant was duly afforded an opportunity to cross-examine the said witnesses including the complainants. The charges levelled by all the complainants were of sexual harassment by the Appellant with a narration of specific instances. Therefore, in the given facts and circumstances, non-framing of the Articles of Charge by the Committee cannot be treated as fatal. Nor can the Appellant be heard to state that he was completely in the dark as to the nature of the allegations levelled against him and was not in a position to respond appropriately. (Emphasis supplied) 64. A four-Judge bench of this Court in Managing Director, ECIL, Hyderabad and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. If after hearing the parties, the Court/Tribunal comes to the conclusion that the non-supply of the report would have made no difference to the ultimate findings and the punishment given, the Court/Tribunal should not interfere with the order of punishment. The Court/Tribunal should not mechanically set aside the order of punishment on the ground that the report was not furnished as is regrettably being done at present. ... (Emphasis supplied) 65. Applying the aforesaid dictum as laid by this Court no prejudice could be said to have been caused to the Respondent even if we believe that he was not asked to plead guilty to the second complaint. Had the Respondent been asked if he pleaded guilty to the allegations levelled in the second complaint, then in such circumstances, whether the result would have been any different? The answer to this has to be an emphatic "No". We say so because the Respondent had denied all the ten charges which were framed against him. In other words, the Respondent answered to all the ten points by way of his written statement of defence and even had an opportunity to cross-examine the witnesses on each of the charges. 66. We are of the view that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority, such Officer shall present the case in support of the articles of charge. Conversely, what logically transpires from the aforesaid is that, where no presenting officer has been appointed, the duty or role to present the case in support of the articles of charge falls back on the Disciplinary Authority or the Inquiry Authority as the case may be. 70. This Court in Medha Kotwal Lele and Ors. v. Union of India and Ors. reported in (2013) 1 SCC 311, held that the complaints committee under the Vishaka Guidelines shall be deemed to be the Inquiry Authority. The relevant portion is reproduced below: Complaints Committee as envisaged by the Supreme Court in its judgment in Vishaka case (1997) 6 SCC 241: 1997 SCC (Cri) 932, SCC at p. 253, will be deemed to be an inquiry authority for the purposes of the Central Civil Services (Conduct) Rules, 1964 (hereinafter call the CCS Rules) and the report of the Complaints Committee shall be deemed to be an inquiry report under the CCS Rules. Thereafter the disciplinary authority will act on the report in accordance with the Rules. (Emphasis supplied) 71. This Court in Sakshi v. Union of India and Ors. reported in (2004) 5 SCC 518 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the Accused; (ii) the questions put in cross-examination on behalf of the Accused, insofar as they relate directly to the incident, should be given in writing to the presiding officer of the court who may put them to the victim or witnesses in a language which is clear and is not embarrassing; (iii) the victim of child abuse or rape, while giving testimony in court, should be allowed sufficient breaks as and when required. (Emphasis supplied) 72. The power and discretion of the complaints committee to put question to the witnesses is further reflected though implicitly in Clause 10(viii) of the 2006 Standing Order which provides that, the delinquent officer shall not cross-examine the complainant directly and instead should hand over the questions to the chairperson of the committee who in turn would then put them to the complainant, to ensure no fear or embarrassment is caused to the complainant. The provision reads as under: 10. COMPLAINT MECHANISM viii) Cross examination of the witnesses should be allowed by the complainant and alleged officer. However, cross ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ea is misplaced. It must be recognised that, Under Section 165, Evidence Act, Judges have the power to ask any question to any witness or party about any fact, in order to discover or to obtain proper proof of relevant facts. While strict Rules of evidence are inapplicable to disciplinary proceedings, enquiry officers often put questions to witnesses in such proceedings in order to discover the truth. Indeed, it may be necessary to do such direct questioning in certain circumstances. Further, the learned Counsel for the Appellant, except for making a bald allegation that the enquiry officer has questioned the witnesses, did not point to any specific question put by the officer that would indicate that he had exceeded his jurisdiction. No specific malice or bias has been alleged against the enquiry officer, and even during the enquiry no request had been made to seek a replacement, thus, evidencing how these objections are nothing but an afterthought. (Emphasis supplied) 77. If Section 165 of the Indian Evidence Act, 1872 permits a Judge to put questions to the parties or to the witnesses in order to discover or obtain proper proof of relevant facts and this provision being widely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, ascertain, in the first instance, how the Rule over there is understood. Prof. H.W.R. Wade in his treatise on Administrative Law, Fourth Edition, has observed as follows: It is one thing to weigh conflicting evidence which might justify a conclusion either way. It is another thing altogether to make insupportable findings. This is an abuse of power and may cause grave injustice. At this point, therefore, the court is disposed to intervene. 'No evidence' does not mean only a total dearth of evidence. It extends to any case where the evidence, taken as a whole, is not reasonably capable of supporting the finding; or where, in other words, no tribunal could reasonably reach that conclusion on that evidence. There is, indeed, the well-established Rule that to find facts on no evidence is to err in law. (Emphasis supplied) 81. The learned Author has pointed out that the "no evidence" Rule has some affinity with the substantial evidence Rule of American law which, as explained by Bernard Schwartz in his treatise on Administrative Law, 1976 Edition, at page 595, means "such evidence as might lead a reasonable person to make finding." In other words, according to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds logically to show the existence or none-existence of facts relevant to the issue to be determined, or to show the likelihood or unlikelihood of the occurrence of some future event the occurrence of which would be relevant. It means that he must not spin a coin or consult an astrologer, but he may take into account any material which, as a matter of reason, has some probative value in the sense mentioned above. If it is capable of having any probative value, the weight to be attached to it is a matter for the person to whom Parliament has entrusted the responsibility of deciding the issue. The supervisory jurisdiction of the High Court does not entitle it to usurp this responsibility and to substitute its own view for his." 85. In French Kier Developments Ltd. v. Secretary of State for the Environment reported in 1977 (1) All ELR 297, the jurisdiction of the court of Queen's Bench Division was invoked for quashing the appellate decision of the Secretary of State confirming the refusal of permission for development. The Secretary of State accepted the findings of fact recorded by the Inspector at the conclusion of the public inquiry which followed the Borough Council's re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. S. Sree Rama Rao reported in AIR 1963 SC 1723, it was held at page 1726 that in considering whether a public officer is guilty of the misconduct charged against him the Rule followed in criminal trials with regard to the establishment of charge by evidence beyond reasonable doubt was not applicable. In a proceeding Under Article 226, the High Court, not being a court of appeal over the decision of the domestic tribunal, was concerned to determine whether the inquiry was held by an authority competent in that behalf and according to the procedure prescribed in that behalf, and whether the Rules of natural justice were not violated. Then follow the following important observations: Where there is some evidence, which the authority entrusted with the duty to hold the enquiry has accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the charge, it is not the function of the High Court in a petition for a writ Under Article 226 to review the evidence and to arrive at an independent finding on the evidence... if there be some legal evidence on which their findings can be based, the adequacy or reliability of that evidence is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eview in matters involving challenge to the disciplinary action taken by the employers is very limited. The courts are primarily concerned with the question whether the enquiry has been held by the competent authority in accordance with the prescribed procedure and whether the Rules of natural justice have been followed. The court can also consider whether there was some tangible evidence for proving the charge against the delinquent and such evidence reasonably supports the conclusions recorded by the competent authority. If the court comes to the conclusion that the enquiry was held in consonance with the prescribed procedure and the Rules of natural justice and the conclusion recorded by the disciplinary authority is supported by some tangible evidence, then there is no scope for interference with the discretion exercised by the disciplinary authority to impose the particular punishment except when the same is found to be wholly disproportionate to the misconduct found proved or shocks the conscience of the court. (Emphasis supplied) 91. This Court in Aureliano Fernandes (supra) while discussing upon the extent to which a court can interfere with respect to the departmental pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken into consideration by the Central Complaints Committee for arriving at the conclusion that the charges are held to be proved: a. Shri Mast Ram Thakur, SFA(H) (PW3) stated that the Respondent used to quite often call the complainant in his chamber and made her sit for hours without any office work. He further stated that quite often on such occasions, the Respondent would draw the curtains of his chamber. He also stated that the complainant had once conveyed to him that the Respondent used to make proposals of marriage to her. Nothing substantial could be elicited from the cross-examination of Mast Ram Thakur. In fact, what has been deposed by Mast Ram Thakur as referred above, has not even been remotely disputed in the cross- examination by way of even a suggestion. b. Shri Rynjan Singh, peon (PW8) and Shri Chandan Sarkar (PW6) stated that they had seen the complainant being made to sit in the Respondent's chamber for hours. Shri Ashok Kumar, PA (PW17) further stated that the complainant had once told him that after being called in his chamber the Respondent would often comment on her beauty and clothes. c. Shri P.K. Rawat, UDC (PW5), Shri Ranjit Patoi, Assistant (PW7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way station that the complainant was not alone. g. Shri Mast Ram Thakur, SFA(H) stated that he overheard the Respondent making sexually coloured remarks to the complainant at the railway station saying; "aap to jaa rehen hain, meri jaan jaa rahi hai. Aap chinta mat karo main tumhara dimag taza karne ke iye bhej rahaa huu, vahaan se aane ke baad tum shrimati paul banogi". h. Shri B.B. Sonar, chowkidar (PW4), Shri A. Deben Singh, AFO(M) (PW13) Shri Surjit Singh, Driver (PW2), Shri Rynjan Singh, peon (PW8) all stated to have heard from the other office staff that the Respondent would often visit the complainant's residence uninvited and make proposal of marriage. Other witnesses namely; Shri Shyam Dass, Section Officer DACS (retd.) (PW19), Shri Subhash Prasad, UDC (PW18), Shri Ashok Gahlot, PA (PW17), Shir Jinen Singh, UDC (PW11), Shri Ranjit Patoi, Shri Samir Nandi, SFA(G) and Smt. Pema Nazary, AFO(WI) (PW9) all supported these allegations and said to have heard from the complainant sometime in 2009-10 that the Respondent used to visit her house at odd hours and also used to misbehave with her by making sexual advances and asking the complainant to leave her husband and marry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the said finding is fortified by the oral evidence of one of the witnesses who deposed that he was aware of the Respondent making calls to the complainant. The relevant portion is reproduced below: POINT 7 x. ... Shri Samir Nandi has also stated that he knew that Shri Dilip Paul was calling Smt. X on her mobile. xxx xxx xxx B. The Complaints Committee made every effort to substantiate the charge that Shri Dilip Paul often telephoned Smt. X, and that too at odd hours, but since call records for Shri Dilip Paul's mobile phone were not available and Smt. X had a prepaid SIM card, it has failed to do so. xxx xxx xxx ... The Complaints Committee also notes that the unavailability of corroboration from call records cannot be laid at Smt. X's door because, had the enquiry into her complaint been timely and speedy, these records would have been available as on date." 98. Before we close this judgment, we must deal with one submission very vociferously canvassed on behalf of the Respondent as regards the multiple inquiries conducted by the Appellant. It was submitted on behalf of the Respondent that the normal Rule is that there can be only one inquiry. It was also su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms of the norms laid down, cannot be lost sight of. True, the authorities themselves had constituted the Complaints Committee, but the fact by itself cannot detract the competent authority from cancelling the proceeding or the report of an improperly constituted committee. It was in this background the CCC had come into the picture. Though earlier the FLCC had conducted enquiry, we find that the CCC can also enquire into any matter of sexual abuse in the organization which necessarily includes the frontier also and, therefore, it cannot be said that the CCC could not have exercised authority in the instant case. The decision in K.D. Pandey (supra), wherein it was held that when specific findings have been given in respect of charges by the inquiry officer, the matter could not have been remitted to the inquiring authority for further inquiry as it would have resulted in a second inquiry and not a further inquiry on the same set of charges and the materials on record, will not be applicable in the facts and circumstances of the case. In K.R. Deb (supra), the Supreme Court observed in the context of the Rules in question that though it may be possible in certain circumstances for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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