One Cannot Challenge Proceedings Of Enquiry Committee After Taking Part In It Without Any Demur: J&K&L High Court Reiterates

The Jammu and Kashmir and Ladakh High Court recently reiterated that a person who participates in enquiry proceedings without any demur and later on challenges the constitution of the enquiry committee after finding that the result of the enquiry has gone against him, is not entitled to do so.

The observation was made by Justice Sanjay Dhar while dismissing a plea filed by a female doctor challenging the enquiry report of the Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 wherein it was concluded that the entire case, as well as the testimonies of the witnesses and charges levelled against the respondent, had not been proven.

The petitioner, through the medium of the petition, had also challenged the constitution of the Complaints Committee for enquiring into the complaints of sexual harassment against women employees of the Health & Medical Education Department and its subordinate offices.

In her petition, the petitioner had alleged that the respondent in the capacity of the then Director of Health Services Kashmir had conveyed certain "sexually colored remarks" to her and his behavior was highly "distasteful and unwelcome. It was also alleged that he continued to harass her in one way or another as a result of which she had filed a complaint in the Lieutenant Governor's office against him after which the administration formed the committee for the probe.

A perusal of the record revealed that subsequently, cognizance of the complaint of the petitioner was taken and the matter was referred to the Complaints Committee, which after conducting the enquiry had concluded that the allegations against respondent have not been proved. It was this report which was the subject matter of challenge before the bench.

Adjudicating upon the matter, Justice Dhar observed that a person who participates in the enquiry proceedings or selection without any demur and later on challenges the constitution of the enquiry committee or the selection committee, as the case may be, after finding that the result of the enquiry or selection has gone against him, is not entitled to do so.

Elaborating on the subject, the bench maintained that by participating in the enquiry proceedings without any demur, the doctor has acquiesced in the constitution of the complaints committee and she has at no stage lodged any protest either regarding the functioning of the committee or regarding its constitution.

"She cannot be heard to challenge the constitution of the committee once the result went against her," said the court.

The court pointed out the fact that there was not even a whisper made in the writ petition that the petitioner had felt uncomfortable in participating in the proceedings or she had raised any objection concerning the constitution of the committee.

It is clear that the petitioner has acquiesced to the Constitution of the Complaints Committee by her conduct and has fully participated in the enquiry proceedings and hence she cannot be heard to question the constitution of the Complaints Committee at this stage when the result of the enquiry has gone against her, the bench concluded.

Case Title: Dr. RK Vs UT of J&K.

Citation: 2022 LiveLaw (JKL) 265

Coram: Justice Sanjay Dhar

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