Sexual abuse by govt employee
Lal T V
(Querist) 25 March 2017
This query is : Resolved
A complaint received against a public sector employee from a lady. The disciplinary authority ordered a departmental enquiry with IO and Presenting officer both ladies.
First the delinquent reported that he is going to compromise the case and the IO stopped the Inquiry. the DO ordered there is no provision for avoiding inquiry for compromising the case. Enquiry completed and report submitted.
1.In the enquiry, the enquiry officer (IO) called up the complainant to the office to submit her version. Is it against the guide lines issued by any High Court or Honorable Supreme Court of India?
2. The Complainant has not submitted her version. Hence the delinquent is recommended to be acquitted by the IO.
The lady is living with her children. Her husband suicided.
I think this is a serious case.
Please give guidelines.
Guest
(Expert) 26 March 2017
Unless and until the Lady comes out with the Facts if it had really happened the Matter is Closed
Guest
(Expert) 26 March 2017
How and in what capacity you are concerned with the case?
rajeev sharma
(Expert) 27 March 2017
The provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2012 requires that complainant will file a complaint with 3 months of occurrence of the incident . Since it is a serious matter naturally the complaint has to be in writing . So i fail to understand what other version IO required from the complainant. The version of the victim was very much before the IO and he was under a legal obligation to take that into account. He has committed a patent error by not conducting inquiry in the matter . In fact it was the accused who was required to submit his reply to the complaint. From the facts produced by you the accused was never asked to submit reply. The inquiry officer has not acted in proper manner. His recommendations are liable to be quashed.
Lal T V
(Querist) 27 March 2017
Dhingra Sir
I am working as the Section Officer in o/Disciplinary authority. My only concern is that whether the IO has any rihht to call the victim,who is an outsider as well as the complainant, to the office for recording her version.
There is no written compalaint to the DO. But the SP of police registered a complaint and intimated to this office.
Only for acadamic interest and for learning.
Lal T V
(Querist) 27 March 2017
Thank you all Sirs
Guest
(Expert) 27 March 2017
Mr. Lal TV,
For academic interest no definite opinion can be formed in the absence of complete case related information, specifically on what basis the DO ordered inquiry without there being any complaint from some unofficial/outsider lady.
Question arises, when there exists no complaint and deemed complainant is outsider, it is not understood on what authority the DO directed the I.O. to start inquiry that too when the case is already registered by the police?
If the employee was not arrested in the case, bias of the DO becomes quite apparent when he ordered for inquiry without any complaint or base.
rajeev sharma
(Expert) 28 March 2017
Mr. Lal your statement contradicts itself. If a complaint is sent by police authority it has to be in writing. Secondly any complaint registered under the provisions of IPC is not investigated by the IO appointed under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2012. Complaint received by police authorities is investigated under the provisions of CrPC. Complainant made a police report which means she wants a penal action against the accused. She is right in not appearing before IO appointed by department
