VERDICTUM.

IN

Writ Appeal No.2962 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 28.02.2024

PRONOUNCED ON : 30.04.2024

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR

AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

Writ Appeal No.2962 of 2019 &

W.P.No.5140 of 2020
CMP.No.19207 of 2019 & WMP No.6070 of 2020
W.A.No.2962 of 2019

Samuel Tennyson ... Appellant

Vs

1. The Principal & Secretary,

Madras Christian College (Autonomous)
Tambaram East, Chennai – 600 059.

2.The Convenor
Committee of Enquiry/Internal Complaints Committee,
(Gender Sensitization and Prevention of Sexual Harassment
of Women in Work Place, MCC)
Madras Christian College, (Autonomous)
Tambaram East, Chennai – 600 059.

3.J.S.Thanusri Rajalakshmi … Respondents

Impleaded the third respondent vide Court order dated 22.08.2022 made in
CMP.No.21647 of 2019 in W.A.No.2962 of 2019.

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PRAYER: Writ Appeals have been filed under Clause 15 of Letter Patent
against the order dated 13.08.2019 made in W.P.No.15145 of 2019.

W.P.No.19207 of 2019
Samuel Tennyson ... Appellant
Vs

1. The Principal & Secretary,

Madras Christian College (Autonomous)
Tambaram East, Chennai – 600 059.

2.The Convenor
Committee of Enquiry/Internal Complaints Committee,
(Gender Sensitization and Prevention of Sexual Harassment
of Women in Work Place, MCC)
Madras Christian College, (Autonomous)
Tambaram East, Chennai – 600 059. … Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India praying for a Writ of Certiorari, to call for the records of the first
respondent in its proceedings No.Nil, dated 14.08.2019, and quash the
same.

For Appellant/ : Mr.V.Vijaya Shankar

Petitioner

For Respondents : Mr.P.John Zachariah for

M/s.Fox Mandal and Associates for R1

Mr.Sai Prasad for

M/s.Sai Raaj Associates for R2

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Mr.Karthick Senior counsel for

Mr.Adithya Varadarajan for R3
COMMON JUDGMENTS
(Judgment of the Court was made by Mr.K.KUMARESH BABU., J)

This Intra Court Appeal had been preferred by the unsuccessful peti-

tioner, wherein the learned Single Judge had upheld the report of the second

respondent, viz., the fact finding report and the consequential second show

cause notice issued to the appellant.

2.The Writ Petition on board is challenging the order of dismissal

passed by the first respondent.

3.Heard Mr.V.Vijaya Shankar, learned counsel appearing for the

appellant and petitioner Mr.P.John Zachariah learned counsel appearing for

the first respondent, Mr.Sai Prasad, learned counsel appearing for the

second respondent and Mr.Karthik learned Senior counsel appearing for

Mr.Adithya Varadarajan learned counsel for the third respondent

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4.Mr.V.Vijaya Shankar, the learned counsel appearing for the

appellant/petitioner would submit that the appellant had been working as a

Assistant Professor in Zoology Department in the first respondent

college. He was originally appointed in the year 2011 under the

Management cadre and from 13.06.2011, he was appointed as an Assistant

Professor under the Government aided scheme. He would submit that the

college had arranged for a study tour of the students of Zoology Department

during January 2019. About 42 students participated and they were

accompanied by seven teaching faculty including the appellant/petitioner

and one non teaching faculty.

5.When that being so, after nearly two months, the appellant was sur-

prised that the first respondent had initiated proceedings against the

appellant and one another Professor under the provision of The Sexual

Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act 2013. The appellant had submitted his explanation denying

various allegations that had been made against him. He would further

submit that the second respondent who was nominated to go into the

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complaints made by the students against the appellant and they had not

followed the procedures prescribed. He would further submit that the

appellant was made to wait outside, when the statements were being

recorded by the complainant and at the fag end of the day, the appellant was

called inside the room and the questions were put-forth by the Committee.

He would further submit that he was not afforded with an opportunity to

cross examine the alleged complainants/witnesses. He would submit that

one of the complainant, who was the only person, who spoken against the

appellant had a motive to indict the appellant, as the appellant had refused

to sign her record note, as she had submitted the same beyond the time

limit that had been granted to the students to submit their record notes.

6.He would further submit that the appellant had received the copy of

the report from the first respondent issued by the second respond-

ent. He would further submit that he was unaware of allegations made

against him in the complaint as none of the copies of the complaints were

supplied to him nor the statements of witnesses were supplied to him.

Therefore, the appellant by a letter dated 29.04.2019 had sought for the

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copies of the statements and complaints which form part of the Committee's

report. In may 2019, the first respondent had furnished various documents

to him and that the petitioner had made a demand on 20.05.2019, since the

complaints and the statements were only furnished to him, pursuant to his

request, thereby he sought for a re-enquiry with permission to mark

additional documents and to reopen the examination of witnesses on his

side. He would submit that the same was denied by the first respondent and

by notice dated 24.05.2019, the first respondent had issued a second show

cause notice proposing to dismiss him from service.

7. He would submit that the enquiry conducted by the second

respondent was contrary to the procedure laid down as he had been denied

opportunity of hearing, which is in violation of principles of natural justice.

He would further submit that the second show cause notice issued by the

disciplinary authority namely the first respondent is opposed to all canons of

service jurisprudence, as no charge memo had been issued to him in-

dicating the charges and no enquiry officer had been appointed to conduct

an enquiry.

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8.He would further submit that even though in this Intra Court

Appeal, the order of the learned single judge had been stayed, but, the first

respondent had not permitted him to join duty on the pretext that the order

of dismissal came to be passed immediately after the disposal of the Writ

Petition. Hence, the appellant had preferred a Writ Petition challenging the

order of dismissal passed by the first respondent, pursuant to the second

show cause notice issued by the first respondent.

9.He would vehemently contend that when the appellant had is-

sued an order on 04.03.2019, there was no whisper of any enquiry into the

complaint. He would submit that the order dated 04.03.2019 itself was an

order of punishment wherein warning was given to the appellant and

further he was not assigned with any work such as valuation of answer

scripts, and awarding internal marks and restrained from accompanying the

students on study for a period of three years. He would submit that the said

order itself is an order of punishment that too, without enquiry. In that

context, he would submit that the first respondent ought not to have issued a

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second show cause notice based upon the alleged enquiry report of the

second respondent, as such, the same would amounts to double jeopardy

and that apart, it would amount to conducting the second enquiry on the

same set of charges, which is against the well established principles of

service jurisprudence.

10. He would further contend that none of the complaints nor the

statements made by the witnesses before the second respondent were

furnished to the appellant to defend his case effectively. The copies of the

complaint and the statement of witnesses were furnished after the service of

enquiry report and that too only after a request was made by the appellant.

This itself would substantiate that no fair procedures have been followed by

the second respondent at the time of conducting enquiry, which is in

violation of principles of natural justice.

11.He would further submit that the second show cause notice and the

consequential order of dismissal had been made by the first respondent only

on the strength of the report of the Internal Complaints Committee. The

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same was challenged by the appellant on various grounds and there was no

independent disciplinary proceedings that had been initiated by the first

respondent in passing the order of punishment violating the principles laid

down in the service jurisprudence namely that without initiation of any

disciplinary proceedings, no employee should be issued with a major

punishment of dismissal from service.

12.In support of his contention, the learned counsel appearing for the

appellant had relied upon the judgment of the Hon'ble Apex Court in the

case of Dr.Vijayakumaran C.P.V., vs. Central University of Kerala reported

in (2020) 12 SCC 426. He would particularly rely upon the paragraphs 12

& 13 of the judgment to contend that the procedures laid down under the

provisions of the enactment had not been followed and on that ground itself,

the order of termination impugned, would have to be held to be illegal as

being stigmatic without subjecting the appellant to a regular enquiry as per

the service Rules.

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13.Further relying upon a judgment in the case of Manonmanium

Sundaranar University vs. Dr.P.Govindaraju reported in (2022) 3 CTC 465

he would contend that the Division Bench of this Court following the

aforesaid judgment had taken a similar view.

14.Further relying upon a Division Bench of the Bombay High Court

in W.P.No.9445 of 2019, he would contend that the Internal Com-

plaint Committee namely the second respondent was only a fact find-

ing Committee and that a regular departmental proceedings ought to have

been initiated under the Act.

15.Hence, he would submit that the order impugned before us was

also the fact finding report of the second respondent and the second show

cause notice issued by the first respondent and the consequential order of

dismissal passed by the first respondent would have to be interfered with by

this Court.

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16.Countering his arguments, Mr.P.John Zachariah, learned

counsel appearing for the first respondent would submit that as soon as the

complaint of sexual harassment as against the appellant was received by the

college and the college had passed an order giving a serious warning to the

appellant apart from that without entrusting certain duties for a particular

period. The said order cannot be termed to be an order of punishment as

against the complaint. Thereafter, an Internal Complaints Committee was

constituted to proceed with an enquiry on the complaints of sexual

harassment. The appellant was served with a show cause notice enclosing

the complaints received from the concerned students. The same was refuted

by the appellant, which goes to contrary to his written response dated

01.04.2019 where under the reference indication to the letter issued by the

Convenor of the second respondent was made along with the complaints

dated 05.02.2019 and 08.02.2019. He would further submit that the

appellant was allowed to have the assistance of an Advocate, who was

present throughout the enquiry and it is not a case that the statement was

recorded in the absence of appellant or his counsel. That apart, he would

submit that the respective witnesses were all cross examined by the

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appellant either by himself or through his counsel and the same were

recorded by the second respondent Committee. He has also admitted that at

the end of the enquiry, signatures were obtained from him in the record of

proceedings. He would further submit that the objections raised by the

appellant at the later stage were not raised by him at the initial stage i.e., on

the date of enquiry or immediately thereafter. The ground raised by the

appellant that the non-supply of complaints/statements of witnesses is an

after thought.

17.He would further submit that there was no procedural lapse in

passing the order of punishment. The terms and conditions of service of the

appellant is covered by the agreement that he had entered upon with the

college. He would further submit that of course the agreement provides for

an opportunity of personal hearing, and would submit that the Hon'ble Apex

Court in the case of Medha Kotwal Lele & Ors, vs. UOI & Ors., reported

in (2013) 1 SCC 297, had held that the report of the Complaints Committee,

will be the report of enquiry officer appointed under the provisions of the

service Rules and based upon which the disciplinary authority can proceed

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to pass orders. He would further refer to the provisions of The Sexual

Harassment of Woman at Work Place (Prevention, Prohibition and

Redressal) Act, 2013, and the Rules framed there under, to contend that

when there are no service Rules, then the Complaints Committee itself can

make a recommendation as to what could be the punishment that could be

inflicted upon the person, who had been found guilty of sexual harassment.

18.In that context, he would submit that based upon the fact

finding report of the second respondent, the second show cause notice had

been issued to the appellant, which has also been upheld by the learned

Single Judge. Only thereafter the order of punishment had been passed and

therefore, he would submit that there is no illegality or infirmity in the

order impugned before this Court. In support of his contention, he would

also rely upon the judgment of the Hon'ble Apex Court in the case of Union

of India vs. Dilip Paul reported in 2023 SCC Online SC 1423. Hence, he

would pray this Court to dismiss the Intra Court Appeal as well as the Writ

Petition.

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19.Mr.Sai Prasad, the learned counsel appearing for the second

respondent would submit that on formation of the second respondent

Committee based upon the complaints that had been received against the

appellant, the Convenor of the Committee had forwarded a communication

calling for written response by enclosing the complaints that had been

received by the college. He would submit that in response to the said

communication, the appellant had also sent a written response on

01.04.2019. A perusal of the same, would indicate that what has been stated

by the appellant in claiming that the complaint copies were not sent to him

will have to fall, as he himself admitted that he had been in receipt of the

letter of the Committee enclosing the copies of the complaints of the

students. He would further submit that the Committee had conducted a

detailed enquiry and in examination of all the witnesses except one, the

appellant was present. Since there was a request made by the complainant

to depose only in the absence of the appellant, the appellant was requested

to wait outside the room, but however his counsel was present during the

deposition of the said witness. Thereafter, the appellant was permitted

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inside the hall and the cross examination was also recorded by the

Committee.

20.He would further submit that the Committee had conducted en-

quiry on 06.04.2019 and 09.04.2019 and submitted its report on 17.04.2019.

In the interregnum, if the appellant was aggrieved over the non-sup-

ply of complaints or the statements, then he could have immediately ap-

praised the Committee for the same. Infact, he had been served with the

copies of the complaint and he was present at the time of recording of the

statements by the Committee. He would submit that the present averments

about non-supply of materials are all an after thought which should not be

entertained by this Court. He would further submit that based upon the

statements made by the respective students, who had suffered at the hands

of the appellant and their cross examination, a detailed finding of fact had

been submitted by the second respondent to the first respondent

recommending for initiation of action at the hands of the first respondent.

Therefore, he would submit that there has been no procedural violation in

conducting the enquiry and all opportunities have been given to the

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appellant to defend himself effectively. The entire original files relating to

the recording of statement and other communication between the

Committee and the appellant were placed before this Court.

21.Mr.Karthik learned Senior counsel appearing for the impleaded

party, who was also a complainant and who had deposed against the

appellant would submit that what that had been narrated by her before the

Committee are all true facts and therefore, he would support the case of the

respondents 1 & 2.

22.We have considered the rival submissions made by the re-

spective parties and perused the materials placed before us including the

original files produced by the second respondent Committee.

23.From the analyses of the arguments made by the learned

counsel appearing for the appellant, he had raised the following

contentions:-

a) that the copies of the complaints were not furnished to him;

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b)that the enquiry had not been properly conducted by the second

respondent, since the appellant had not been provided with the

statement of witnesses and not given an opportunity of cross

examination of the witnesses, as the Committee itself had recorded

the statements;

c) The first respondent had not issued any charge memo and called

for an explanation and based upon the report of the fact finding

authority, who is not an enquiring authority, had issued a second

show cause notice based upon which an order of punishment had

been passed.

24.As regards to the non-supply of the complaints, as rightly pointed

out by the learned counsel appearing for the college as well as the Commit-

tee, the appellant in his written response to the initial notice of the second

respondent Committee, had referred to the complaints received from the stu-

dents which is extracted hereunder :-

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Ref:- Your letter dated 28.03.2019, enclosing copies of the

complaints received on 5th & 8th February 2019, from the students of
the III B.Sc., Zoology Department.

25.Further a perusal of the entire response would show that the

appellant had submitted his written response to each and every paragraphs

of the complaints against him. Therefore, we are of the view that the

appellant had made a false allegation that he had not been supplied with the

copies of the complaints and in that context, we hold that the appellant had

been infact supplied with all the complaints.

26.As regards to the contention that the Complaints Committee had

not conducted a fair and proper enquiry, we had the benefit of the ori-

ginal proceedings that had taken place during the course of the enquiry by

the second respondent. From going through the files, we could see that the

Committee had not violated any of the basic principles of natural justice.

Statement of every witnesses had been recorded along with the cross

examination by the respective delinquents. On a reading of the report of the

finding of fact together with the statement of witnesses that were examined

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during the course of enquiry, we conclusively conclude that there has been

no infraction in the enquiry proceedings that had been conducted by the

second respondent. From the reading of the statement that has been

recorded along with the cross examination it could be seen that sufficient

opportunities had been afforded to the appellant and he cannot be heard to

say that he had been denied of the opportunities.

27.With regard to the contention of procedural violation of non issu-

ing a charge memo in imposing a punishment we would analyse the law on

the subject. Till the Hon'ble Apex Court judgment in case of Vishaka and

Ors., vs. State of Rajasthan & Ors., reported in (1997) 6 SCC 241, there

was no mechanism with regard to dealing with cases of sexual har-

assment. The Hon'ble Apex Court had framed guidelines and norms in that

aspect. For better appreciation, the relevant paragraphs in the aforesaid

judgments framing such guidelines and norms are exacted hereunder:-

17. The GUIDELINES and NORMS prescribed herein are as under:

HAVING REGARD to the definition of “human rights” in Section 2(d) of the
Protection of Human Rights Act, 1993,
TAKING NOTE of the fact that the present civil and penal laws in India do
not adequately provide for specific protection of women from sexual

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harassment in workplaces and that enactment of such legislation will

take considerable time,
It is necessary and expedient for employers in workplaces as well as
other responsible persons or institutions to observe certain guidelines to
ensure the prevention of sexual harassment of women:
1. Duty of the employer or other responsible persons in workplaces and
other institutions:
It shall be the duty of the employer or other responsible persons in
workplaces or other institutions to prevent or deter the commission of
acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment by
taking all steps required.
2. Definition:
For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as:
(a) physical contact and advances;
(b) a demand or request for sexual favours;
(c) sexually-coloured remarks;
(d) showing pornography;
(e) any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.
Where any of these acts is committed in circumstances whereunder the
victim of such conduct has a reasonable apprehension that in relation to
the victim's employment or work whether she is drawing salary, or
honorarium or voluntary, whether in government, public or private
enterprise such conduct can be humiliating and may constitute a health
and safety problem. It is discriminatory for instance when the woman
has reasonable grounds to believe that her objection would disadvantage
her in connection with her employment or work including recruiting or
promotion or when it creates a hostile work environment. Adverse
consequences might be visited if the victim does not consent to the
conduct in question or raises any objection thereto.
3. Preventive steps:
All employers or persons in charge of workplace whether in the public
or private sector should take appropriate steps to prevent sexual
harassment. Without prejudice to the generality of this obligation they
should take the following steps:

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(a) Express prohibition of sexual harassment as defined above at the

workplace should be notified, published and circulated in appropriate
ways.
(b) The rules/regulations of government and public sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
(c) As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work,
leisure, health and hygiene to further ensure that there is no hostile
environment towards women at workplaces and no woman employee
should have reasonable grounds to believe that she is disadvantaged in
connection with her employment.
4. Criminal proceedings:
Where such conduct amounts to a specific offence under the Penal Code,
1860 or under any other law, the employer shall initiate appropriate
action in accordance with law by making a complaint with the
appropriate authority.
In particular, it should ensure that victims, or witnesses are not
victimized or discriminated against while dealing with complaints of
sexual harassment. The victims of sexual harassment should have the
option to seek transfer of the perpetrator or their own transfer.
5. Disciplinary action:
Where such conduct amounts to misconduct in employment as defined
by the relevant service rules, appropriate disciplinary action should be
initiated by the employer in accordance with those rules.
6. Complaint mechanism:
Whether or not such conduct constitutes an offence under law or a
breach of the service rules, an appropriate complaint mechanism should
be created in the employer's organization for redress of the complaint
made by the victim. Such complaint mechanism should ensure time-
bound treatment of complaints.
7. Complaints Committee:
The complaint mechanism, referred to in (6) above, should be adequate
to provide, where necessary, a Complaints Committee, a special

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counsellor or other support service, including the maintenance of

confidentiality.
The Complaints Committee should be headed by a woman and not less
than half of its members should be women. Further, to prevent the
possibility of any undue pressure or influence from senior levels, such
Complaints Committee should involve a third party, either NGO or other
body who is familiar with the issue of sexual harassment.
The Complaints Committee must make an annual report to the
Government Department concerned of the complaints and action taken
by them.
The employers and person-in-charge will also report on the compliance
with the aforesaid guidelines including on the reports of the Complaints
Committee to the Government Department.
8. Workers' initiative:
Employees should be allowed to raise issues of sexual harassment at
workers' meeting and in other appropriate forum and it should be
affirmatively discussed in employer-employee meetings.
9. Awareness:
Awareness of the rights of female employees in this regard should be
created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable
manner.
10. Third-party harassment:
Where sexual harassment occurs as a result of an act or omission by any
third party or outsider, the employer and person-in-charge will take all
steps necessary and reasonable to assist the affected person in terms of
support and preventive action.
11. The Central/State Governments are requested to consider adopting
suitable measures including legislation to ensure that the guidelines laid
down by this order are also observed by the employers in private sector.
12. These guidelines will not prejudice any rights available under the
Protection of Human Rights Act, 1993.

18. Accordingly, we direct that the above guidelines and norms

would be strictly observed in all workplaces for the preservation and
enforcement of the right to gender equality of the working women.
These directions would be binding and enforceable in law until suitable
legislation is enacted to occupy the field. These writ petitions are
disposed of, accordingly.

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28.In the case of Medha Kotwal Lele & Ors, vs. UOI & Ors.,

reported in (2013) 1 SCC 297, the Hon'ble Apex Court had apart from the

above guidelines issued further directions. For better appreciation, the

relevant paragraph is extracted hereunder:-

44. In what we have discussed above, we are of the

considered view that guidelines in Vishaka [Vishaka v. State of
Rajasthan, (1997) 6 SCC 241 : 1997 SCC (Cri) 932] should not
remain symbolic and the following further directions are necessary
until legislative enactment on the subject is in place:
44.1. The States and Union Territories which have not yet
carried out adequate and appropriate amendments in their
respective Civil Services Conduct Rules (by whatever name these
Rules are called) shall do so within two months from today by
providing that the report of the Complaints Committee shall be
deemed to be an inquiry report in a disciplinary action under such
Civil Services Conduct Rules. In other words, the disciplinary
authority shall treat the report/findings, etc. of the Complaints
Committee as the findings in a disciplinary inquiry against the
delinquent employee and shall act on such report accordingly. The
findings and the report of the Complaints Committee shall not be
treated as a mere preliminary investigation or inquiry leading to a
disciplinary action but shall be treated as a finding/report in an
inquiry into the misconduct of the delinquent.
44.2. The States and Union Territories which have not
carried out amendments in the Industrial Employment (Standing

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Orders) Rules shall now carry out amendments on the same lines, as
noted above in para 44.1 within two months.
44.3. The States and Union Territories shall form adequate
number of Complaints Committees so as to ensure that they function
at taluka level, district level and State level. Those States and/or
Union Territories which have formed only one committee for the
entire State shall now form adequate number of Complaints
Committees within two months from today. Each of such Complaints
Committees shall be headed by a woman and as far as possible in
such committees an independent member shall be associated.
44.4. The State functionaries and private and public sector
undertakings/organisations/bodies/institutions, etc. shall put in place
sufficient mechanism to ensure full implementation
of Vishaka [Vishaka v. State of Rajasthan, (1997) 6 SCC 241 : 1997
SCC (Cri) 932] guidelines and further provide that if the alleged
harasser is found guilty, the complainant victim is not forced to work
with/under such harasser and where appropriate and possible the
alleged harasser should be transferred. Further provision should be
made that harassment and intimidation of witnesses and the
complainants shall be met with severe disciplinary action.
44.5. The Bar Council of India shall ensure that all Bar
Associations in the country and persons registered with the State Bar
Councils follow Vishaka [Vishaka v. State of Rajasthan, (1997) 6
SCC 241 : 1997 SCC (Cri) 932] guidelines. Similarly, the Medical
Council of India, Council of Architecture, Institute of Chartered
Accountants, Institute of Company Secretaries and other statutory
institutes shall ensure that the organisations, bodies, associations,
institutions and persons registered/affiliated with them follow the

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guidelines laid down by Vishaka [Vishaka v. State of Rajasthan,

(1997) 6 SCC 241 : 1997 SCC (Cri) 932] . To achieve this, necessary
instructions/circulars shall be issued by all the statutory bodies such
as the Bar Council of India, Medical Council of India, Council of
Architecture, Institute of Company Secretaries within two months
from today. On receipt of any complaint of sexual harassment at any
of the places referred to above the same shall be dealt with by the
statutory bodies in accordance with Vishaka [Vishaka v. State of
Rajasthan, (1997) 6 SCC 241 : 1997 SCC (Cri) 932] guidelines and
the guidelines in the present order.

29.Pursuant to the aforesaid judgment, the Government of India had

also promulgated The Sexual Harassment of Woman at Work Place

(Prevention, Prohibition and Redressal) Act, 2013, and also the Rules.

Section 13 envisages that the Internal Committee on coming to the

conclusion that the allegation against the delinquent has been proved, it

shall recommend to the employer to take action for sexual harassment, as a

misconduct in accordance with the provisions of the service Rules

applicable to the respondents and when no such service Rules have been

made in such manner as may be prescribed. Section 19 mandates that it is

the duty of an employer to treat sexual harassment as a misconduct under

the service Rules and initiate action for such misconduct. Rule 9 of the

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Rules envisages that except in cases, where service rules exits, if the

complaints committee arrives at a conclusion that the allegations have been

proved, then it shall recommend to the employer to take any action

including written apology etc., including termination.

30.It is an admitted case that the employment of the appellant with the

first respondent is governed by an agreement as envisaged under Sub-Rule

2(I) of Rule 11 of the Tamil Nadu Private Colleges (Regulation) Rules 1976.

Clause 7 of the agreement deals with the manner in which the action should

be initiated for inflicting a punishment of dismissal, removal, reduce in rank

or termination. It also envisages a personal hearing.

31. From a conjoint reading of the said clause 7, it would draw us to

the conclusion that an employee should not be contemned in violation of

principles of natural justice and the well settled principles of audi alteram

partem.

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32.A reading of the judgment of the Hon'ble Apex Court in the case of

Medha Kotwal Lele, referred supra, particularly paragraph 44.1 which had

been extracted supra, it had held that the findings and the report of the Com-

plaints Committee shall not be treated as a mere preliminary investiga-

tion or an enquiry leading to a disciplinary action, but should be treated as a

finding/report in an enquiry into the misconduct of the delinquent in

sexual harassment cases. It had mandated that such procedure should be in-

corporated in the service Rules.

33.The Hon'ble Apex Court in the case of Union of India & Ors., vs.

Dilip Paul reported in 2023 SCC Online SC 1423, after referring to the

aforesaid judgment and also a judgment of the Hon'ble Apex Court in the

case of Sakshi vs. Union of India reported in (2004) 5 SCC 518, had

disapproved the observations of the High Court (whose order was

challenged therein) and had held that if such observations were to be

accepted, it would reduce the findings of the Complaints Committee to a

mere recording machine. For better appreciation, the relevant paragraphs

are extracted hereunder:-

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75. There appears to be neither any statutory bar nor any logic to
restrict the power of the complaints committee to put questions to the witnesses
only to the context enumerated in the aforesaid provision. The complaints
committee being an inquiry authority and in some sense equivalent to a
presiding officer of the court as inferred from Sakshi (supra), must be allowed
to put questions on its own if a proper, fair and thorough inquiry is to take
place.
76. If the observations of the High Court are accepted, it would lead to
a chilling effect, whereby the complaints committee which is deemed to be an
inquiry authority would be reduced to a mere recording machine.

34.The judgments relied upon by the learned counsel appearing for

the appellant cannot be applied to the facts of the present case, since a

reading of the said judgment would show that the facts in those cases are

different to the facts of the present case on hand.

35.From the conjoint reading of the judgment of the Hon'ble Apex

Court extracted supra, we are of the view that the disciplinary authority is

bound by the findings of fact given by the internal complaints committee

viz., the second respondent herein. The second respondent is a fact finding

enquiry authority and the report of the committee is held to be a report of an

enquiry authority based upon which a disciplinary action by the first

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respondent can be initiated. If the arguments of the learned counsel

appearing for the appellant are to be accepted in that regard, it would only

create a situation where the affected victims of sexual harassment would be

again put to an embarrassment to once again to substantiate their case

before an another authority or otherwise, the appellant would again contend

that there was no evidence available to the departmental enquiring authority

to give a report. Therefore, even though we have arrived at a different

conclusion than what has been arrived at by the learned Single Judge, we

find no merits both in the Writ Appeal as well as Writ petition.

36.In fine, the Writ Appeal and the Writ Petition are dismissed.

However, there shall be no order as to costs. Consequently, connected

Miscellaneous Petitions are closed.

(R.S.K.,J.) (K.B., J.)

30.04.2024
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
pbn

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To

1. The Principal & Secretary,

Madras Christian College (Autonomous)
Tambaram East, Chennai – 600 059.

2.The Convenor
Committee of Enquiry/Internal Complaints Committee,
(Gender Sensitization and Prevention of Sexual Harassment
of Women in Work Place, MCC)
Madras Christian College, (Autonomous)
Tambaram East, Chennai – 600 059.

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Writ Appeal No.2962 of 2019

R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.

Pbn

Writ Appeal No.2962 of 2019 &

W.P.No.5140 of 2020

30.04.2024

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