Sexual harassment at work place or administrative, managerial and interpersonal conflicts: Case report

A case related to sexual harassment (SH) at work place has been filed before the Delhi High Court (DHC) on three ground: first, that the Complaint Committee (CC) was not constituted in accordance with the instructions of Government of India dated 13.07.1999 inasmuch as most of the members of the CC were subordinate to Respondent 3 (R-3); second, that an ad hoc disciplinary authority (DA) had been appointed even though a regular DA was present, and this was done only to exonerate R-3 of the charges made against him; third, that the report of the CC and the impugned order passed suffered from lack of application of mind [Para 8].

Following questions come for consideration before DHC: (1) Whether the report of the CC and the impugned order are ex facie without application of mind as contended on behalf of the petitioner? (2) Whether the complaint involved harassment of a sexual nature? (3) What constitute SH? (4) Whether she desired to pursue the aforesaid complaint?

In this case report, the complaint is associated with a number of administrative and managerial issues and interpersonal conflicts, issue of office politics and misuse of law with nefarious motive are also highlighted. Legal issues related to constitution of CC and composition to avoid allegations of biased and lack of independence of CC. DHC differentiated and clarified definition of SH and unwelcome behaviour in the form of physical contact without sexual intent.

Abbreviations: CC: Complaint Committee; DA: disciplinary authority; CSIR: Council of Scientific and Industrial Research; ‘P’: Petitioner/Complainant; R-1: Respondent Director, CSIR; R-2: Respondent Acting Director, CSIR; R-3: Respondent No. 3 (Dr Sunil Bose); DHC: Delhi High Court; OM: Office Memorandum