Case Note & Summary
The petitioner, Sri Nagaraj G K, was appointed as a Finance Officer on contract basis with the Karnataka Health Promotion Trust. During his employment, the second respondent, Smt. Sahana Shekhar, lodged a complaint of sexual harassment against him under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The internal committee conducted an inquiry and submitted a final report dated 25.09.2024 (Annexure-A) recommending action. Pursuant to this, the Chief Executive Officer issued a transfer order dated 06.10.2024 (Annexure-B) transferring the petitioner from Bengaluru to Koppal. The petitioner challenged both the report and the transfer order by way of a writ petition under Articles 226 and 227 of the Constitution of India. The primary ground raised was that the documents relied upon by the complainant, including the complaint and other material, were not supplied to him despite his request, thereby violating the principles of natural justice. The court examined the submissions and found that the petitioner had specifically requested the documents but they were not provided. The court held that the failure to supply the documents vitiated the entire proceedings, as the petitioner was denied a fair opportunity to defend himself. Consequently, the court quashed the internal committee's report (Annexure-A) and the transfer order (Annexure-B). However, the court clarified that the employer is at liberty to proceed afresh in accordance with law after supplying the relevant documents to the petitioner. The writ petition was allowed in those terms.
Headnote
A) Service Law - Sexual Harassment - Natural Justice - Supply of Documents - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 11, 13 - Petitioner challenged internal committee report and transfer order on ground that documents relied upon by complainant were not supplied to him - Court held that failure to supply documents amounts to violation of principles of natural justice, vitiating the entire proceedings - Report and transfer order quashed - Liberty reserved to employer to proceed afresh after supplying documents (Paras 3-5).
Issue of Consideration
Whether the internal committee's report and the consequential transfer order are vitiated for non-supply of documents and violation of principles of natural justice.
Final Decision
Writ petition allowed. Annexure-A (internal committee report dated 25.09.2024) and Annexure-B (transfer order dated 06.10.2024) are quashed. Liberty reserved to the employer to proceed afresh in accordance with law after supplying relevant documents to the petitioner.
Law Points
- Natural justice
- right to fair hearing
- supply of documents
- Sexual Harassment of Women at Workplace (Prevention
- Prohibition and Redressal) Act
- 2013
- Section 11
- Section 13
- writ jurisdiction under Articles 226 and 227 of Constitution of India
