The High Court
Case Details
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT W.P. No.11147/2024 (S-RES) C/W W.P.NO.11149/2024 AND W.P.NO.11150/2024 (S-RES) IN W.P.NO.11147/2024 BETWEEN: DR. SATISH KUMAR S HOSAMANI S/O SHAMBULINGA HOSAMANI AGED ABOUT 55 YEARS R/AT NO.100, 3RD FLOOR, 4TH CROSS PATEL MUNIYAPPA LAYOUT V NAGENAHALLI, R T NAGAR BANGALORE-560032. (BY SRI. M.S. BHAGWAT, SR. COUNSEL FOR SRI SATISH K., ADV.) ...PETITIONER AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY REP. BY ITS PRINCIPAL SECRETARY M S BUILDING BANGALORE-560001. 2 2. INTERNAL COMPLAINTS COMMITTEE REPRESENTED BY ITS CHAIRPERSON OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001. 3 SMT. MALA V. W/O NATARAJU AGED ABOUT 40 YEARS CITY CENTRAL LIBRARY EAST ZONE, R T NAGAR BANGALORE-560024. (BY SRI.REUBEN JACOB, AAG FOR SRI V SHIVAREDDY, AGA FOR R1 & R2 SRI KASHINATH J.D., ADV. FOR R3) …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS PERTAINING TO IMPUGNED REPORT DATED 15/03/2024 (ANNEXURE-S) AND B) QUASH THE IMPUGNED REPORT DATED 15/03/2024 BEARING CASE NO. 1/2023-24 SUBMITTED BY THE R2 COMMITTEE (ANNEXURE-S) AND ALL FURTHER PROCEEDINGS THEREON BASED ON THE IMPUGNED REPORT, IN SO FAR AS PETITIONER IS CONCERNED. IN W.P. NO.11149/2024 BETWEEN: SRI NARAYANA MURTHY H G S/O GOVINDIAH, AGED ABOUT 43 YEARS, RESIDING AT HALENIJAGALLU, DEVARAHOSAHALLI POST, 3 NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. (BY SRI. M.S. BHAGWAT, SR. COUNSEL FOR SRI SATISH K., ADV.) ...PETITIONER AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, REP. BY ITS PRINCIPAL SECRETARY, M S BUILDING, BANGALORE - 560 001. 2. INTERNAL COMPLAINTS COMMITTEE REP. BY ITS CHAIRPERSON, OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE - 560 001. 3. SMT MALA V W/O NATARAJU, AGED ABOUT 40 YEARS, CITY CENTRAL LIBRARY, EAST ZONE, R T NAGAR, BANGALORE - 560 024. (BY SRI.REUBEN JACOB, AAG FOR SRI V SHIVAREDDY, AGA FOR R1 & R2 SRI KASHINATH J.D., ADV. FOR R3) …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS PERTAINING TO IMPUGNED REPORT DATED 4 15/03/2024 (ANNEXURE-S) AND B) QUASH THE IMPUGNED REPORT DATED 15/03/2024 BEARING CASE NO.1/2023-24 SUBMITTED BY THE R2 COMMITTEE (ANNEXURE-S) AND ALL FURTHER PROCEEDINGS THEREON BASED ON THE IMPUGNED REPORT, IN SO FAR AS PETITIONER IS CONCERNED. IN W.P.NO.11150/2024 BETWEEN:
Legal Reasoning
this Court in these writ petitions under Article 226 of the Constitution of India. 4. Heard learned senior counsel Sri.M.S.Bhagawat for Sri.Sathish.K., learned counsel for petitioners, learned Additional Advocate General Sri.Reuben Jacob for Smt.Prathibha.R.K., learned Additional Government Advocate for respondent Nos.1
Arguments
SRI CHANDRASHEKAR H S/O KANUMANNA AGED ABOUT 57 YEARS, RESIDING AT 146, 1ST FLOOR, 14TH MAIN, 4TH BLOCK KORAMANGALA BANGALORE-560034. (BY SRI. M.S. BHAGWAT, SR. COUNSEL FOR SRI SATISH K., ADV.) ...PETITIONER AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY REP. BY ITS PRINCIPAL SECRETARY, M S BUILDING BANGALORE-560001. 2. INTERNAL COMPLAINS COMMITTEE REP. BY ITS CHAIRPERSON OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTIONS 5 NRUPAGHUNGA ROAD BANGALORE-560001. 3. SMT. MALA V W/O NATARAJU AGED ABOUT 40 YEARS, CITY CENTRAL LIBRARY EAST ZONE, R T NAGAR BANGALORE-560024. (BY SRI.REUBEN JACOB, AAG FOR SRI V SHIVAREDDY, AGA FOR R1 & R2 SRI KASHINATH J.D., ADV. FOR R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO IMPUGNED REPORT DATED 15.03.24 ANNEXURE-S QUASHING THE IMPUGNED REPORT DATED 15.03.2024 BEARING CASE NO.1/23-24 SUBMITTED BY THE R2 COMMITTEE ANNEXURE-S AND ALL FURTHER PROCEEDINGS THEREON BASED ON THE IMPUGNED REPORT, IN SO FAR AS PETITIONER IS CONCERNED. THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 25/01/2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S.G.PANDIT 6 CAV ORDER In all the above three writ petitions, common prayer of quashing impugned report dated 15.03.2024 in Case No.1/2023-24 submitted by second respondent- Committee as well as to quash all further proceedings thereon based on the impugned report insofar as petitioners are concerned is prayed for. As such, all the writ petitions are clubbed, heard together and disposed of by this common order. 2. The petitioner in W.P.No.11147/2024 is working as Director of Public Libraries in the Department of School Education and Literacy; the petitioner in W.P.No.11149/2024 is working as Library Assistant in City Central Library, Malleshwaram North Zone, Department of School Education and Literacy; and petitioner in W.P.No.11150/2024 is working as Deputy Director of the Department of School Education and 7 Literacy. All the three petitioners are holders of Civil post and Government servants. 3. The third respondent is working as Library Assistant in the City Central Library, Bayalu Ranga Mandira, Rajajinagar. The respondent No.3 lodged a complaint dated 31.07.2023 (Annexure-H) against petitioners and one Sri.Narayana Murthy.H.G., Library Assistant and Sri.Raghavendra, Second Division Assistant, alleging sexual harassment at the work place before the Karnataka State Women Commission. The said complaint was forwarded to respondent No.1 and the respondent No.1 constituted second respondent- Committee by order dated 18.11.2023 to enquire into the alleged sexual harassment of the third respondent at work place. The second respondent held enquiry under the provisions of the Sexual Harassment of Women At Work Place (Prevention, Prohibition and Redressal) Act, 2013 (for short, ‘2013 Act’). The Committee submitted 8 its report on 15.03.2024 holding that all allegations made against the petitioners are proved (Annexure-S). The respondent No.1 in terms of Annexure-T dated 03.04.2024 issued show cause notice enclosing the report of second respondent-Committee, calling upon the petitioners to submit their explanation, in terms of Rule 14B of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘CCA Rules’). Questioning the enquiry report of the second respondent’s internal committee, petitioners are before
Decision
and 2. Perused the writ petition papers. 9 5. At the outset, learned Additional Advocate General Sri.Reuben Jacob raises preliminary objection with regard to maintainability of writ petitions on the ground that petitioners being Government servants or holders of civil posts are provided with alternate Forum of Administrative Tribunal created under the State Administrative Tribunals Act, 1985 (for short, ‘1985 Act’). 6. Learned Additional Advocate General Sri.Reuben Jacob would further submit that the report under challenge of second respondent-Internal Committee ultimately touches the service condition of the petitioners and as such they have to approach the Tribunal. Further, learned Additional Advocate General invites attention of this court to Rule 14B of CCA Rules and submits that once the report of the Internal Committee on the allegation of sexual harassment 10 against women in work place is received, such report shall be considered by the competent disciplinary authority and keeping in view the nature and gravity of the proved misconduct, any one or more punishment specified under Rule 8(i) to (viii) shall be imposed. Therefore, learned Additional Advocate General would submit that it is purely a service matter and as petitioners are provided with alternate Forum, this Court shall restrain itself from exercising its jurisdiction under Article 226 of the Constitution of India, relegating the petitioners to avail remedy before the alternate Forum. 7. Per contra, learned senior counsel Sri.M.S.Bhagwat for petitioners would submit that writ petitions would be maintainable challenging the report of the second respondent Committee constituted to enquiry into the complaint of sexual harassment at work place. Learned senior counsel would submit that the enquiry is conducted in terms of Section 13 of 2013 Act and the 11 Act itself provides for appeal remedy under Section 18 of 2013 Act. Further, learned senior counsel would submit that unless and until punishment is imposed based on the report of the second respondent, petitioners need not approach the Tribunal and they could challenge the report of the second respondent before this Court. Thus, learned senior counsel would pray for rejection of preliminary objection with regard to maintainability of writ petitions raised by first respondent-Government. 8. On hearing the learned senior counsel appearing for the petitioners and learned Additional Advocate General for respondents and on perusal of the writ petition papers, the following point would arise for consideration: Whether the writ petitions by petitioners being Civil servants/Government servants not maintainable and whether the petitioners shall have to approach the Tribunal? 12 9. The answer to the above point would be in the Affirmative and the writ petitions would not be maintainable by the petitioners being Government servants/Civil servants, for the following reasons: 10. The Parliament has brought into force 2013 Act to provide protection against sexual harassment of women at work place and for prevention and redressal of sexual harassment. The definition of ‘work place’ reads as follows: “2. Definitions. – (o) “workplace” includes— (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co- operative society; 13 (ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service; (iii) hospitals or nursing homes; (iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; (v) any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey; (vi) a dwelling place or a house; (p) “unorganised sector” in relation to a workplace means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and 14 where the enterprise employs workers, the number of such workers is less than ten.” 11. Clause (i) would be relevant for the present case. In terms of definition of ‘work place’ under Section 2(o) includes any department, organization, undertaking establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society. 12. Section 4 of 2013 Act provides for Constitution of Internal Complaints Committee. Section 9 provides for Complaint of sexual harassment. Any woman can make in writing, a complaint of sexual harassment at workplace to the Internal Committee. Section 11 of 2013 Act provides for inquiry into the complaint. Section 11 of 2013 Act provides for enquiry 15 which would state that where a respondent is an employee, enquiry shall be in accordance with the provisions of the service rules applicable and where no such rules exist, in such manner as may be prescribed. On completion of enquiry, enquiry committee is required to submit its report in terms of Section 13. From Section 11 of 2013 Act, it is clear that in respect of petitioners enquiry shall be in accordance with the provisions of Service Rules. Admittedly, in the instant case enquiry is held and enquiry report is submitted under Section 13 of 2013 Act. 13. Section 18 provides for appeal, which reads as follows: “18. Appeal. – (1) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations 16 may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed. (2) The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.” 14. Section 18 provides for appeal by any person aggrieved from the recommendation made under the report submitted under Section 13 in accordance with the provisions of service rules applicable to the said person or where no such rules exist then, without prejudice the provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed. 15. It is the contention of the learned senior counsel for petitioners that since no Appellate Authority 17 is prescribed under Service Rules of the petitioners, they are before this Court. The only question is as to whether in the absence of prescribed Appellate Authority, whether the petitioners could invoke Article 226 of the Constitution of India or they have to approach the Tribunal under Section 19 of 1985 Act being holders of Civil Post/Government Servants. 16. Service matters is defined under Section 3(q) of 1985 Act, which reads as follows: “3. Definitions. – (q) “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation 5[or society] owned or controlled by the Government, as respects— (i) remuneration (including allowances), pension and other retirement benefits; 18 (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) (iv) leave of any kind; disciplinary matters; or (v) any other matter whatsoever;” 17. Service matters in relation to a person in connection with the affairs of the Union or any State includes disciplinary matters or any other matter whatsoever. 18. Rule 14B of CCA Rules reads as follows: “14B. Procedure in case of sexual harassment against women, - Notwithstanding anything contained in rule 11 to 13, the State level Committee and District level Committees constituted to inquire into the cases of sexual harassment against women in working places after having conducted an enquiry on the Government servant shall submit a report along with details and documents, such report shall be considered by the competent disciplinary authority and keeping in view the nature and 19 gravity of the proved misconduct, any one or more than one punishment specified under rule 8(i) to (viii) shall be imposed. An opportunity of being heard shall be given to the accused before imposing such penalty. Provided that the commission shall be consulted before passing such order in any case for which such consultation is necessary.” 19. The above Rule provides procedure for taking action on receipt of report of the Internal Committee constituted to enquiry into the complaint of sexual harassment against woman at work place. On receipt of the report, the competent disciplinary authority keeping in view the nature and gravity of the proved misconduct, may impose one or more than one punishment specified under Rule 8(i) to (viii). Since the report submitted by second respondent, if proved results in imposition of punishment under Rule 14B of CCA Rules, or if the charges are not proved leads to exoneration, it is a service matter. Ultimately, action on the report of the 20 2nd respondent touches the service conditions or results in adverse consequences on the petitioners being Government Servants. 20. From the above, it is also clear that the sexual harassment at work place is to be treated as misconduct and for such misconduct, the competent disciplinary authority on getting report from the Internal Committee could impose any of the prescribed punishment. Since the petitioners are Government servants/Civil servants and the report of the second respondent Internal Committee to enquire into the sexual harassment at work place if proved leads to imposition of punishment under the Service Rules, it would be a service matter. Therefore, the petitioners have to approach the Tribunal invoking Section 19 of 1985 Act. 21 21. Since the petitioners are provided with alternate Forum under 1985 Act, I decline to entertain the writ petitions. Hence, the above writ petitions stand disposed of with liberty to approach the Tribunal. Sd/- (S.G.PANDIT) JUDGE NC CT:bms