Central Complaints Committee Exceeded Jurisdiction, Says Court in Landmark Ruling
In a significant judgment, the Bombay High Court has quashed the disciplinary action taken against Dr. Mohinder Kumar, a NABARD Manager, emphasizing that the Central Complaints Committee (CCC) exceeded its jurisdiction under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Court held that the CCC's recommendation for disciplinary action was unwarranted since the alleged conduct did not constitute sexual harassment under the Act.
The judgment, delivered by a division bench comprising Justices Bharati Dangre and Manjusha Deshpande, addressed a writ petition challenging the penalty of 'Reprimand' imposed on Dr. Kumar by NABARD's Competent Authority. The penalty was based solely on the CCC's recommendation, despite the Committee's own finding that the conduct did not amount to sexual harassment.
Dr. Kumar, who had been employed by NABARD since 2000, was accused by female colleagues of recording them without consent in the workplace. The CCC, after an inquiry, concluded that the recordings did not fall under the definition of sexual harassment, as there was no evidence of misuse or demand for sexual favors. Despite this, the CCC recommended disciplinary action for the purported violation of organizational discipline.
The Court underscored that the CCC's role is confined to addressing grievances of sexual harassment and not general misconduct. It emphasized that under Section 13(2) of the POSH Act, if allegations are unproven, the CCC must recommend no action. The Court further noted that the Competent Authority erred by imposing a penalty without conducting an independent inquiry, relying solely on the CCC's recommendation.
The ruling clarifies the jurisdictional boundaries of committees formed under the POSH Act, reinforcing that disciplinary actions must be based on proven allegations of sexual harassment, not merely on recommendations for conduct unrelated to such harassment.
Bottom Line:
The Central Complaints Committee (CCC) under the POSH Act, 2013 has no jurisdiction to recommend disciplinary action against an employee if the alleged conduct does not qualify as sexual harassment. Disciplinary authority cannot impose penalties solely based on such recommendations without conducting an independent inquiry.
Statutory provision(s): Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 13(2), NABARD (Staff) Rules, 1982, Rule 45A
Dr. Mohinder Kumar v. Chairman, NABARD, (Bombay)(DB) : Law Finder Doc id # 2841363
