The Delhi High Court has recently found the Director General of the National Cadet Corps (DGNCC) guilty of contempt of court in a case related to the Prevention of Sexual Harassment (POSH) Act, over the failure to comply with a prior court order.
The case revolves around a petition filed by a Permanent Commissioned Whole Time Lady Officer (WTLO), who accused her commanding officer of sexual harassment during her posting in Patna in 2022.
The single mother with two kids, aggrieved by the Internal Complaints Committee (ICC) findings, had approached the court last year. However, after the court suggested a remedy under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), she withdrew her petition and submitted a representation to the DGNCC in February 2024.
Despite her submission, the DGNCC failed to respond substantively, prompting her to file a fresh petition before the court.
In its order February 19, 2024 order, the court directed the DGNCC to consider her representation as an appeal under the POSH Act.
The woman, subsequently moved the court in September again, stating that the DGNCC has failed to comply with the February order of the court, and instead, issued “an utterly irrelevant and evasive response” to her representation.
The woman contended that that the DGNCC, as the commanding officer, had no authority to act as the Disciplinary Authority (DA), particularly in the case of Group ‘A’ employees such as herself.
According to her counsel, the Ministry of Defence should be the DA, while the President of India serves as the Appellate Authority (AA) for such cases.
The court, in its December 16 order, said that the DGNCC cannot be classified as the DA. “The DGNCC, as the commanding officer, is distinct from the Disciplinary Authority (DA) under Section 18 of the POSH Act,” it said.
“Moreover, the DGNCC’s decision in the petitioner’s case raises concerns about bias. This is because the DGNCC supervised the Internal Complaints Committee (ICC) and justified their own decisions in the appeal…,” the court said.
“Furthermore, the petitioner has been denied a fair hearing, and their representation has not been considered by the DA. This omission is a concern, as the DA’s role is critical in ensuring a fair and impartial process under the POSH Act. Therefore the impugned decision conveyed vide letter dated 10.04.2024 is non est in law,” the court said.
“In view of the foregoing discussion, this Court finds that the respondents have committed wilful and deliberate disobedience of the directions of this Court…, and therefore, they are held guilty of committing contempt of the directions of this Court,” the court said.
The court directed that the woman’s case be referred to the DA which will decide on her representation after affording her an opportunity to be heard within three weeks.
“In the event of non-compliance, the respondent/contemnor shall appear before this Court for a hearing on the quantum of sentence or punishment to be awarded in accordance with the law,” the court added.
Published – December 20, 2024 06:04 am IST
