Priyanka Pai

The Supreme Court on legality of parallel departmental and criminal court proceedings

legality of parallel departmental

The Supreme Court on 8th April 2019, in the case of The Secretary, Lucy Sequeira Trust And Anr. v. Kailash Ramesh Tandel held that departmental proceeding and proceedings in a criminal court are completely different as the purpose, the standard of proof and the approach are all completely different. The initiation of the process in …

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Madras High Court on procedural inadequacies in an inquiry by an internal committee

High Court on procedural inadequacies

In a judgment dated 1st August, 2019, the Madras High Court in the case of R. Patchaiappan vs. The Principal Secretary Cum Commissioner, Hindu Religious and Endowment Department and Ors. held that an inquiry conducted by an internal committee under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Law”) should …

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The Calcutta High Court on harmonious reading of the Act and Service Rules

High Court on role of internal committee

In Ms. Debjani Sengupta v. Institute of Cost Accountants of India, the Calcutta High Court on 3 May, 2019, decided on the role of internal committee proceedings, when service rules are in place and held that a harmonious reading of the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”) …

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Delhi High Court dismisses a case of false sexual harassment allegation

false sexual harassment allegation

Recently on 17th July, 2019, the Delhi High Court in the case of Rashi v. The Union of India held that filing a false sexual harassment allegation, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Law”), as an afterthought after getting dismissed will not be tolerated. Facts: Rashi (“Petitioner”) …

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Kerala High Court adopts a lenient view against student accused of sexual harassment

student accused of sexual harassment

Recently, in a judgment dated 22nd July 2019, the Kerala High Court in the case of Sree Shankar vs. The Principal, Sacred Heart College and Ors. held that an internal committee and Principal of a college looking into student accused of sexual harassment must take a lenient view keeping in mind the age and future …

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Karnataka High Court directs action for mishandling inquiry against a professor

High Court on mishandling inquiry

Recently, in a judgment dated 6th August 2019, the Karnataka High Court in the case of Giridhar Madras v. The Indian Institute of Science and Ors. set aside the inquiry report against a professor and directed the concerned authorities to initiate action against the Director of The Indian Institute of Science (“College”) and members of …

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Delhi High Court upholds validity of transfer, pending an IC inquiry

Court upholds validity of transfer

Recently, in a judgment dated 1st July 2019, the Delhi High Court in the case of Dinesh Chandra Mishra v. Trilochan Mohapatra and Ors. held that that transfer of a respondent to any other workplace of the employer based on the recommendation of an internal committee, pending an inquiry, so to bring immediate relief to …

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