logo
. . .

Article

Sexual Harassment at Work Place or Administrative, managerial and inter-personal conflicts: A Case Report

Sexual Harassment at Work Place or Administrative, managerial and inter-personal conflicts: A Case Report

By: Prof.(Dr.) Mukesh Yadav Published Date: 31-10-2017 DOI : 3110201712345 Issue Date: 05-11-2017

A case related to sexual harassment at work place has been filed before the Delhi High Court on three ground: First, that the C.C. was not constituted in accordance with the instructions of Government of India dated 13.07.1999 inasmuch as most of the members of the Complaint Committee were subordinate to Respondent 3.

Second, that an ad hoc Disciplinary Authority had been appointed even though a regular Disciplinary Authority was present and this was done only to exonerate respondent no.3 of the charges made against him.

And third, that the report of the Complaint Committee and the impugned order passed suffered from lack of application of mind.  [Para 8]

Following Questions come for Consideration before Delhi High Court:

  1. Whether the report of the Complaint Committee and the impugned order are ex facie without application of mind as contended on behalf of the petitioner?
  2. Whether the complaint involved harassment of a sexual nature?
  3. What constitute SH?
  4. Whether she desired to pursue the aforesaid complaint?

In this case report the complaint is associated with a number of administrative and managerial issues and inter-personal conflicts, issue of Office Politics and misuse of law with nefarious motive are also highlighted. Legal issues related to constitution of complaint committee and composition to avoid allegations of biased and lack of independence of complaint committee. Delhi High Court differentiated and clarified definition of sexual harassment and unwelcome behavior in the form of physical contact without sexual intent. 

Join Newsletter