Supreme Court Quashes Termination Order in Sexual Harassment Case, Directs Fresh Inquiry

In a significant judgment, the Supreme Court of India has quashed a termination order and directed a fresh inquiry in a sexual harassment case. The court held that the disciplinary proceedings conducted by the employer's Internal Complaints Committee (ICC) were marred by procedural lapses and violations of natural justice. The judgment highlights the importance of following due process and ensuring fairness in inquiries related to sexual harassment at the workplace.

Sexual harassment, Workplace, Disciplinary proceedings, Internal Complaints Committee, Due process, Natural justice.

The Supreme Court, in a recent judgment, has set aside a termination order issued against an employee in a sexual harassment case and ordered a fresh inquiry. The court found serious procedural lapses and violations of natural justice in the disciplinary proceedings conducted by the employer's Internal Complaints Committee (ICC).

The case pertained to allegations of sexual harassment made by seventeen students against the appellant, who was an employee of the institution. The ICC, after receiving the complaints, conducted an inquiry described as "fact-finding" in nature. The committee accepted the report of the first committee and placed the appellant under suspension. However, it subsequently issued a memorandum detailing the articles of charge and appointed a former judge of the High Court as an inquiry officer.

The Supreme Court observed that the ICC and the executive council (EC) of the institution had misunderstood the role of the first committee, considering it to be merely a fact-finding committee. The court emphasized that the Complaints Committee established under the Vishaka guidelines should be deemed as an Inquiry Authority for the purpose of conducting the inquiry as per the relevant rules.

The court further noted that the inquiry proceedings conducted by the committee from May 2009 were marred by glaring defects and procedural lapses. The appellant was given limited time to prepare his defense, and the committee conducted multiple hearings at a fast pace. The court held that these actions compromised the fairness of the process and violated the principles of natural justice.

Consequently, the court set aside the termination order and directed a fresh inquiry. The Complaints Committee was instructed to take up the inquiry proceedings as they stood on May 5, 2009, and provide adequate opportunity to the appellant to defend himself. The court directed the committee to complete the entire process within three months from the first date of hearing and ensure adherence to the principles of natural justice.

In the epilogue of the judgment, the court expressed concern over the lapses in the enforcement of the Sexual Harassment of Women at Workplace Act. It emphasized the need for properly constituted Internal Complaints Committees and called for proactive measures to educate complainants about the redressal process. The court issued various directions to the Union and State governments, statutory bodies, and judicial academies to ensure compliance with the Act and promote awareness.

Date of Decision: May 12, 2023

AURELIANO FERNANDES  vs STATE OF GOA AND OTHERS