Court Upholds Employer's Right to Conduct Independent Disciplinary Proceedings Despite ICC Conciliation Agreement
In a significant ruling, the Gauhati High Court has clarified the extent of an employer's authority to initiate disciplinary proceedings following a conciliation agreement by the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The court adjudicated that the completion of conciliation by the ICC does not impede an employer's authority to pursue independent disciplinary action under its Service Rules.
The case involved the Airports Authority of India (AAI) and an employee, Shri Praveen, who faced allegations of sexual harassment from a subordinate. The ICC conducted a preliminary inquiry, but both parties opted for conciliation due to workplace disturbances. Despite the conciliation, new evidence emerged, prompting AAI to initiate departmental proceedings against Praveen.
A prior judgment by a Single Judge had quashed these proceedings, citing Section 10(4) of the 2013 Act, which bars further inquiry by the ICC post-conciliation. However, the Division Bench, comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, found that this section does not restrict the employer's independent disciplinary jurisdiction.
The court emphasized that the statutory duty of employers to maintain a safe workplace, as mandated by Section 19 of the 2013 Act, remains intact regardless of conciliation outcomes. It further noted that ICC proceedings do not replace disciplinary processes unless explicitly provided by Service Rules.
Additionally, the court upheld the expungement of the ICC's conclusion of "lack of evidence" due to the incomplete nature of the inquiry, reinforcing the need for full investigations to uphold justice and workplace safety.
The court ordered the resumption of the departmental proceedings, ensuring that the charged officer, Praveen, receives a fair opportunity to defend himself per the Service Rules.
Bottom Line:
Sexual Harassment of Women at Workplace - Employer's authority to initiate disciplinary proceedings under Service Rules is not barred by Section 10(4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, after conciliation by the Internal Complaints Committee. ICC proceedings do not substitute disciplinary jurisdiction unless Service Rules provide otherwise.
Statutory provision(s): Section 10(4), Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Airports Authority of India v. Shri Praveen, (Gauhati)(DB) : Law Finder Doc Id # 2819931
