F. No. 11013/2/2014-Estt.A-III
Government of India
Ministry of Personnel, Public
Grievances and Pension
Department of Personnel &
Training
Establishment A-III Desk
*****
North Block, New Delhi — 110001
Dated: 09.09.2016
OFFICE MEMORANDUM
Subject: Prevention of Sexual Harassment of working women at workplace — Seniority of the Chairperson of the Complaint Committee — regarding.
The
undersigned is directed to refer to the DoPT OM no. 11013/2/2014-Estt.A-III
dated 16th July, 2015 as the Para 1 of the Guide attached to the OM, it was
clarified that the Complaints Committee set up to inquiry into charges of
sexual harassment should be headed by a women and at least half of its member
should also be women. In case a women officer of sufficiently senior level is not
available in a particular office, an office from another officer may be so
appointed. It was also indicated that to prevent the possibility of any undue
pressure, the Complaints Committee should also involved a third party either
NGO or some other body which is familiar with the issue of sexual harassment.
2.
The issue of legality of a committee conducting inquiry against an officer
against whom there are allegations of sexual harassment but where the
Chairperson happens to be junior in rank to the suspect officer has been
examined. It is clarified that there is no bar either in the CCS (CCA) Rules or
under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 to the Chairperson of the Complaints Committee being junior
to the suspect officer or the charged officer. Hon'ble Allahabad High Court has
in Sint. Shobha Goswami vs State of U.P. And 2 Ors, in WRIT — A No. — 31659 of
2015 observed as follows:
"In
my opinion, there is nothing in the Scheme of the section which requires the
lady member to be senior in rank to the officer against whom the allegation of
sexual harassment is brought. The language of Section 4 of the Act only
requires the lady member to the Senior Level".
This
also does not in any way cause any prejudice to the charged officer.
3.
Further, to ensure fair inquiry, Ministries/ Departments may also consider
transferring the suspect officer/ charged officer to another office to obviate
any risk of that officer using the authority of his office to influence the
proceedings of the Complaints Committee.
4.
Hindi Version will follow.
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