Surinder Singh v. The New India Assurance Company Limited And Others
CWP-6234-2024 1 2024:PHHC:037820
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-6234-2024 Date of decision: 15.03.2024 SURINDER SINGH ....PETITIONER Vs.
THE NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. Shiv Kumar, Advocate for the petitioner.
Mr. Ashwani Talwar, Advocate for the respondent-Insurance Company.
**** JAGMOHAN BANSAL, J (ORAL) 1.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of report dated 31.08.2022 (Annexure P-7), report dated 07.10.2022 (Annexure P-7A), report dated 12.05.2023 (Annexure P-12), prepared by Internal Complaints Committee for sexual harassment of women at workplace, order dated 03.08.2023 (Annexure P-15) of respondent No. 2 and memorandum dated 10.10.2023 (Annexure P-17) initiating departmental proceedings against the petitioner. 2.
The grievance of the petitioner is that Disciplinary Authority and members of Internal Complaints Committee for sexual harassment of women at workplace, in connivance with each other, though the witnesses are not supporting case of the complainant, are preparing one after another report against him. He has not been permitted to cross-examine witnesses. He has not
CWP-6234-2024 2 2024:PHHC:037820 been furnished evidence which are foundation of report of Internal Complaints Committee.
3.
The Disciplinary Authority on the basis of report of Internal Complains Committee awarded punishment vide order dated 31.01.2023. The petitioner preferred an appeal before Appellate Authority which vide order dated 13.04.2023 (P-11) set aside order of punishment and remanded the matter back to Disciplinary Authority. The respondent has appointed another person as Disciplinary Authority who is contemplating disciplinary proceedings against the petitioner. The petitioner is alleging that Internal Complains Committee is not following prescribed procedure and there is connivance between members of the Committee and Disciplinary Authority. The Appellate Authority set aside order of Disciplinary Authority.
The respondent after passing of order by Appellate Authority and appointment of Disciplinary Authority other than an officer who passed order on the earlier occasion, cannot allege that there is malafide on the part of orginaization. The matter is pending before Disciplinary Authority which has further appointed Inquiry Officer. The Disciplinary Authority would decide fate of the petitioner on the basis of report of Inquiry Officer. The petitioner would get opportunity to put forth his stand at every stage i.e. before Enquiry Officer as well as Disciplinary Authority. If any adverse order is passed by Disciplinary Authority, he will get opportunity to file appeal before Appellate Authority. In case of dismissal of appeal, he would get opportunity to file revision/memorial before the management. The remedy would not rest here.
The petitioner would get opportunity to seek judicial review of order passed by all the aforesaid authorities. The petitioner is raising disputed questions of facts and in the absence of any extraordinary reason, this Court at this stage, does not find it appropriate to invoke its writ jurisdiction.
CWP-6234-2024 3 2024:PHHC:037820 4.
As agreed by Mr. Talwar, counsel for the respondent, the Disciplinary Authority shall complete its proceedings within two months from today.
5.
Disposed of.
15.03.2024 [JAGMOHAN BANSAL] anju JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No