Civil Service Rules | Examining Sexual Harassment Complainant In Absence Of Accused, Without ICC Report Vitiates Disciplinary Action: Delhi HC

The Delhi High Court has held that disciplinary proceedings under Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules 1965, which are founded on an Internal Complaints Committee (ICC) inquiry, stand vitiated where complainants are examined in the absence of the delinquent employee.A Division Bench of Justices Navin Chawla and Madhu Jain thus dismissed Centre's appeal and upheld a CAT order setting aside the termination of a probationer at IIHT Guwahati, who was accused of sexual harassment.The Court noted that during the ICC proceedings, eleven girl students were examined without notice to the Respondent. He was only heard later. Further, the ICC's report was not furnished to the Respondent prior to issuance of the termination order. These lapses, the Court held, denied the respondent a fair opportunity to defend himself.“It would be evident that the Complaints Committee did not afford a fair opportunity to the respondent to defend the allegations made against him. The Committee examined the girl students in his absence and submitted its report on the basis of an alleged admission of guilt by the respondent. The Inquiry Report was also not furnished to the respondent prior to the issuance of the Termination Order,” the Court noted.Reliance was placed on Aureliano Fernandes v. State of Goa (2024) where the Supreme Court clarified that while ICCs are not required to conduct inquiries as full-fledged trials, the proviso to Rule 14(2)—which requires the procedure to be followed “as far as practicable”—does not permit dispensing with the principles of natural justice. The Court thus rejected Centre's contention that due procedure had been followed and directed fresh inquiry against the Respondent.Appearance: Mr. Premtosh K. Mishra, CGSC, Mr. Anurag Tiwari, Mr. Pranabdh Tiwari, Advs. for Petitioners; Mr. R.V.Sinha, Mr. A.S.Singh, Ms. Shriya Sharma, Ms. Jyoti Garg, Ms. Nidhi Singh, Advs. for RespondentCase title: UoI v. NareshCase no.: W.P.(C) 2342/2025Click here to read order

Civil Service Rules | Examining Sexual Harassment Complainant In Absence Of Accused, Without ICC Report Vitiates Disciplinary Action: Delhi HC

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