How To Conduct Inquiry In To Sexual Harassment At Work Place Complaints: Delhi HC Explains [Read Judgment]

The Delhi High Court has ordered the Internal Complaints Committee (ICC) to complete the inquiry into complaints of sexual harassment against Ashok Kumar Singh, a teaching staff at Dyal Singh Evening College, within three months, while strictly abiding by the principles of natural justice by allowing the accused to cross-examine the witnesses through a questionnaire so that the identity of the witnesses is not disclosed.A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra directed that the ICC shall proceed in the manner set out by the bench within two weeks from today and complete the same in three months.It also noted that while the ICC has to return its finding in 90 days as per law, in the instant case, two years had passed before the reports – dated June 30, 2015, and February 12, 2016 -- came to be submitted.The bench was hearing the appeal filed by Ashok Kumar Singh against the order of the single judge rejecting his prayer regarding not being granted sufficient opportunity either for cross-examination of the witnesses or grant of the opportunity to lead defence.Singh, though advocate Amit Gupta, had challenged the three reports submitted by the internal complaints committee on the ground that the reports only gave a prima facie conclusion of the complaint against him having substance but did not record any definite conclusion. He had also challenged the reports saying he was denied the opportunity to cross-examine the witnesses or lead evidence in the inquiry proceedings.The single judge went on to set aside the ICC reports, as they failed to return any categorical finding that the charges against the appellant stood proved, but denied him the relief of cross-examination.This led to Singh moving the division bench in appeal.The bench referred to Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, which reads that the “Complaints Committee shall make inquiry into the complaint in accordance with the principles of natural justice”.It also cited a case of 2009 pertaining to Delhi University wherein the Supreme Court had ordered that the identity of the witnesses need not be revealed to the respondent or his counsel and for this purpose, the respondent would be entitled to submit the questionnaire, which will be put to the witnesses for their answers in writing.The division bench has now set out the manner in which the ICC will have to proceed.Directions Issued By High Court(i) The inquiry in the three complaints made by the respondents no.3 to 5 shall begin within two weeks from today from the stage of cross-examination of the complainant’s witnesses whose examination-in-chief has been tendered in writing to the previous ICC.(ii) The ICC shall intimate the appellant and the respondents no.3 to 5 in writing as well as by e-mail of the date and time of its proceedings.(iii) The appellant would be allowed to cross-examine the witnesses of the complainant through a questionnaire which would be submitted to the ICC at the time when the witnesses are produced for their cross-examination.(iv) The witnesses would be called one by one by the ICC to answer the questionnaire which is put to them. Witnesses would answer questionnaire in the presence of the Committee. Every effort shall be made by the ICC to complete the testimony of a single witness the very day on which the recording of the witness cross-examination commences.(v) So far as witnesses who are common to several complaints are concerned, such common witness shall be cross-examined in one go when the witness appears before the ICC, in respect of all the complaints in which he/she is a witness.(vi) The appellant and the complainant would not be present at the time when the cross-examination of the witnesses of the complainant is being recorded.(vii) The ICC shall endeavour to ensure that the witnesses who are being cross-examined, does not confabulate with the witnesses who are yet to be cross-examined.(viii) The ICC shall make every endeavour to supply a copy of the cross-examination of the complainants’ witnesses to the appellant on the date on which the cross-examination at the earliest, in any case before cross-examination of the next witness.(ix) After completion of the cross-examination of the complainants’ witnesses, the appellant would be permitted to lead defence evidence. The appellant shall submit the examination-in-chief of the defence witnesses to the ICC in writing within one week of completion of the cross-examination of the complainant’s witness. Copies of the statements of the appellant’s witnesses would immediately be made available to respondents no.3 to 5.(x) The procedure set out above for cross-examination of the witnesses of the complainant would be followed in identical terms so far as cross-examination of the appellant’s witnesses by the respondents no.3 to 5.(xi) We need not to emphasise that the proceedings have to be expeditiously...

How To Conduct Inquiry In To Sexual Harassment At Work Place Complaints: Delhi HC Explains [Read Judgment]

Rashid M A

Tags