Legal Question in Administrative Law in India

I am a victim of sexual harassment at workplace. Being a witness to this horrific incident the then CGM immediately ordered a preliminary inquiry by a lady officer. She found prima facie evidence after collecting witnesses from various participants in the meeting and submitted a report recommending further action. Based on this report, the then CGMT ordered suspension of the culprits and also instructed for major penalty charge sheets against the culprits for various misconducts and inquiry is going on in this regard. Parallelly, the case was also referred to the Internal Complaints Committee constituted as per the law on sexual harassment of women employee at work place (Prevention, Prohibition and Redressal Act). After a thorough preliminary inquiry the committee found prima facie evidence against the perpetrators of sexual harassment at the workplace. During the inquiry, as an interim relief, the victim, requested transfer of the culprits to faraway places from her place of work, which is her right according to the act on sexual harassment.

Taking her request into consideration, the committee recommended the transfer of these culprits. Accepting the report of the committee and considering all the above facts the then CGM transferred these culprits to places away from Trivandrum that is to Malappuram, Kannur and Calicut districts. Subsequently, new CGM took over the charge . However, these people have exerted tremendous pressure on the Corporate office, and the current CGM, through their political masters and got their suspensions revoked, even though the original suspension orders very clearly stated that these officials must be kept under suspension during the inquiry process, in order to prevent any such further misconduct by these miscreants. Their posting on deputation at Trivandrum, is against the principles of natural justice and also puts me daughter and my women colleagues (who are the strong witnesses to the said incident) in danger.

The present administration has manipulated the transfer orders and got posted all these culprits back to Trivandrum, the very city where I am working, that too on deputation, even while the inquiry process is continuing. This will, not only intimidate me but also the witnesses against these culprits because these goondna elements are very powerful politically and are in the habit of threatening the employees and even the CGM. Hence keeping them away from Trivandrum is absolutely essential.

Moreover the current CGM has the authority to modify the orders of his predecessor as per law.

Now the administration also dropped the charges framed against the culprits there by diluting the entire process except the charge of harassment. Now they transferred me because of their pressure . Can i go to court to reinstate me


Asked on 7/09/16, 3:10 am

1 Answer from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

1) The charges against the accused are dropped, gives clearance for their

bringing back on transfer to their earlier place. Unless proved guilty, everyone

is innocent.

2) To conduct fair proceedings, all the accused have been suspended.

After found not guilty, they are reinstated and transferred back.

3) The process of enquiry as u say was fair and proving or not is not

ur look out. To complain is ur duty. Vengance should not be the intention

to approach the Court.

4) Whether the Company dropped charges or proved is their concern

which u cannot question as it will be considered bias, prejudiced being the victim.

5) Why criminal complaint was not lodged against the accused is not clear.

In fact when there is prima-facie established evidence, the Company

would have immediately lodged FIR nor urself.

6) The alleged current threat from them can at least now be complained

to Police to avert any such happenings hereafter.

7) All the actions stated are Management process taken place in due course

in the interest of natural justice. To keep u away safe from those against

whom u alleged, the Company transferred u to another place.

8) If not convenient the present place of ur posting, have u represented to the

Management for modification of ur orders in the light of the subject incident?

U can ask for a better safe place but not their transfer.

7) The nature of employer, activity, the business network, number of employees,

etc are not clear.

8) Think of some of those contentions likely to be brought either the Company or

the questioned employees before the court to affect ur transfer in and them out.

9) Consult a local experienced Labor law expert, an able Advocate of repute

with full facts.

Read more
Answered on 7/09/16, 4:19 am


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