Improper Reconstitution of Appellate Authority Declared Illegal; Employee Exonerated
In a significant ruling, the Bombay High Court has set aside the penalties imposed on Ashok Upadhyay, an official of the Union Bank of India, in a case involving allegations of sexual harassment. The court held that the reconstitution of the Appellate Authority, which led to a re-investigation and subsequent penalty, was carried out without jurisdiction, rendering its orders illegal and non-est.
The case revolved around a complaint filed on April 3, 2023, against Upadhyay, alleging sexual harassment at the workplace. Initially, an Internal Complaints Committee (ICC) exonerated Upadhyay in a report dated April 20, 2023. However, the complainant appealed, leading to a reconstitution of the Appellate Authority, which ordered a fresh inquiry.
The bench, comprising Justices G.S. Kulkarni and Dr. Neela Gokhale, criticized the Union Bank of India for its handling of the appellate process. The court observed that the reconstituted Appellate Authority lacked jurisdiction under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and its rules. The court emphasized that such an authority should be notified under Section 18 of the POSH Act and Rule 11 of the POSH Rules.
The re-investigation conducted by the newly formed committee found Upadhyay guilty, leading to a penalty reducing his grade and pay. However, the court noted that neither the petitioner was informed of the appeal nor given a chance to be heard, highlighting a breach of procedural fairness.
The court further indicated that the complainant retains the right to approach the appropriate appellate forum within six weeks, with timelines for filing extended, thus preserving her legal remedies.
The ruling underscores the necessity for public institutions to adhere strictly to legal provisions, as misinterpretations can lead to prejudice against both complainants and respondents. The court's decision reinforces the importance of duly constituted appellate mechanisms and fair procedural practices in workplace harassment cases.
Bottom Line :
Sexual Harassment of Women at Workplace - Appellate Authority under POSH Act - Internal Complaints Committee exonerating petitioner - Improper reconstitution of Appellate Authority without jurisdiction leading to re-investigation and imposition of penalty declared illegal.
Statutory provision(s): Section 18 and Rule 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, Regulation 4(g) of the Union Bank of India Officer Employees' (Discipline & Appeal) Regulations, The CVC Act 2003, Article 226 of the Constitution of India.
Ashok Upadhyay v. Union Bank of India, (Bombay)(DB) : Law Finder Doc id # 2965124
