--“Complaints against IC Members by Employee-Respondent”—
An Employee-Respondent Submits Written Complaints against Internal Committee Presiding Officer and Member (External) almost towards the end of Proceedings, alleging that i) Presiding Officer is reticent most of the ongoing Inquiry into Sexual Harassment Complaints falsely levelled against him by Junior Colleague; and ii) the Member (External) who is an Outsider, usurped IC Authority & Duties often stopping him from holding a Dialogue directly with the Junior Woman-Employee thus denying & depriving him of reasonable opportunity to cross-examine her; and iii) Other Two Members kept quiet throughout as Spectators.
The I C Members unitedly & repeatedly requested him to quote instances of Prejudice, Bias, partiality or flaws in ongoing Inquiry or not adhering to laid down Inquiry Procedure, with no avail. IC Members have inkling that Employee-Respondent, who occupies Very Senior Position is using diversionary tactics, hence maligning IC members to hijack Inquiry. The Woman-Complainant vociferously voices her concern that it is a case of Socratic irony & that he is feigning innocence, betraying his real Self & he knows his accusations against IC Members are all untrue.
Nevertheless, Employee-Respondent in his Written Complaints to MD demands a New IC to complete ongoing Inquiry.
What Must the MD or the IC Do to sort out the Logjam?
In this scenario, ONLY if the final enquiry report is not submitted yet, then the committee should be reconstituted and fresh enquiry much be conducted. This is best to avoid any future appeals in higher courts. Various cases have gone to high courts on the premise of biased and improper enquiry by the Committee.
For more details, visit the resources we have put together on crucial judgments around this on www.ungender.in
Feel free to reach out for further clarification.
Pallavi Pareek www.ungender.in
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