The aggrieved woman has filed the instant petition seeking a direction to the Akademi to comply with the directions of the Local Complaints Committee along with three months paid leave and a compensation of Rs 5 lakhs for the mental trauma, suffering and emotional distress caused to her. In addition to it, the aggrieved seeks reinstatement to her former position with continuity of service, full back wages, and other consequential service benefits.

Join Now! India's Largest directory of lawyers and legal professionals

The aggrieved woman, one from the north eastern states, was appointed to the post of editor on probation of 2 years and as per her letter of appointment she could be terminated without notice as the employment is governed by the Akademi (Services) ByeLaws/Central Civil Services Rules (‘Bye-laws’). However, she was issued a Provisional Appointment Order confirming her appointment. She was a victim of sexual harassment of many forms during the employment at the hands of the Secretary which included inappropriate sexual advances, unwelcome physical and sexual contact and sexually coloured remarks along with rasict and sexist comments as she was hailing from the North-east. Owing to the secretary’s sexual misconduct she confronted him and told him about his unacceptable manner and in response he took hold of her hand and said that she should provide him ‘bodily satisfaction’ from the ‘hints’ dropped by him, if not he will have her removed from her probation. After several complaints made to the Executive Board, the Board failed  to take any action against the Secretary. Finally, she wrote to the Local Committee reiterating her request for immediate interim reliefs. Ignoring her protest objecting the fact that the internal complaints committee did not have the jurisdiction, the members pressured the aggrieved to withdraw her complaint before the local committee and the police station and forced her to reconcile with the Secretary and on her refusal to comply they incorrectly recorded that she was withdrawing her complaint. Having failed to comply with the directions of the Locals Committee even after repeated reminders to the Akademi she filed a writ petition at the Delhi High Court. 

The High Court had to determine whether the Secretary is an employer as defined under Sec 2(g) of the  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Sec2(g) of the Act defined the term employer and includes any person who heads any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority or any person responsible for the management, supervision and control of the workplace, and it can be held that  that the Secretary, who is the Principal Executive Officer of the Akademi; incharge of the day to day affairs of the Akademi; custodian of all records and manages the properties and funds of the Akademi, would also be included in the definition of an “employer”. Since the complaint is made against the employer itself, the complaint against the Secretary would not lie to the Internal Complaints Committee according to Sec 6(1) of the Act but only to the Locals Committee. In the present case, instead of providing assistance to the aggrieved to file a complaint in relation sexual harassment, the Akademi has terminated her sevice on ground that even after  she was given ample opportunities to  improve but she refused to show interest in implementing the decision. Consequently, the writ filed by the aggrieved woman was allowed.

To read the complete judgment - Click here