Complaint against Disciplinary Authority
2 months ago
My case details and timeline:
1) On 16/06/2016, I did a SMS about "live-in relationship" to one of my colleague Ms Nilofer Khan (posted at Rawatbhata Site of NPCIL, District-Chittaurgarh, Rajasthan).
2) On 04/04/2018, She complaint against me to departmental authorities (not ICC under POSH Act-2013) making allegation of stalking . Said complaint was random, general, vague in nature and was not having any specific incident of stalking of her and was NOT made available to me by NPCIL authorities.
3) On 27/02/2019, She made another complaint against me to departmental authorities (not ICC under POSH Act-2013) again about stalking. Said complaint too was not having any specific incident of stalking, was general, random and vague. Said complaint was also NOT made available to me.
4) On 26/07/2019, She hit me by her tiffin-box within office premise in front of many employees while I was officially nominated to perform duties with her.
5) On 26/07/2019, I immediately complaint against her to departmental authority regarding manhandling with me to which till date no action have been taken by department.
6) On 27/07/2019, She made an official complaint against me in departmental ICC (Internal Complaints Committee) alleging stalking of her. She attached that SMS about "live-in relationship" of June-2016 in the complaint and concealed other messages/emails prior to June-2016. In her complaint she again did not mention any specific incident of stalking of her thus there are total 03 complaints against me and all of them does not have any date/time/detail/description of stalking of her.
7) I came under severe pressure because of such a smart misuse of my too old SMS about "live-in relationship" to her and because of sudden manhandling with me in an open place and in front of my colleague.
8) Departmental ICC started investigation with a time-pass, biased, corrupt and dishonest attitude. ICC did not inform me anything about legal provisions under POSH Act-2013 and did not inform me about the witnesses Ms Nilofer Khan produced during the investigation and prepared report behind my back giving definite findings that allegation of stalking are correct and proven beyond any doubt.
9) On 05/10/2019, ICC prepared its report and submitted its report to Disciplinary Authority on 07/10/2019.
10) On 08/11/2019, I requested ICC to share ICC findings with me and provide opportunity for representation against those findings to which ICC did not pay any heed. It is mandatory provision under Section-11(1) of the POSH Act-2013 but 07 members trained and expert ICC intentionally violated it.
11) On 10/12/2019, Disciplinary Authority i.e then CMD, NPCIL issued me a charge-sheet.
12) On 13/01/2020, I submitted my response to charge-sheet that ICC findings were not shared with me and representation opportunity was also not provided to me by ICC to which Disciplinary Authority did not pay any heed and appointed ICC as Inquiry Authority (IO).
13) On 05/08/2020, I again submitted a presentation to Disciplinary Authority regarding violation of Section-11(1) by ICC to which Disciplinary Authority denied and did not admit the proven fault/fraud by ICC.
14) I filed a petition at Jodhpur High Court (WP-8259/2020) which came to be decided on 03/11/2020 with an ambiguous judgment directing respondents to work "without influence from earlier inquiry report dated-07/10/2019".
15) 04/11/2020, NPCIL authorities misused the said ambiguous judgment and made ICC report dated-07/10/2019 a prosecution exhibit on very next day of judgment.
16) I filed a review petition (WRW-109/2021) which was also dismissed whereas error was apparent on the face of the record.
17) I filed Appeal (DB-SAW-705/2022) in which both the judgment of single judge were reversed and charge-sheet dated-10/12/2019 was quashed and set aside.
18) In its judgment, division bench did not quash the ICC report dated-05/10/2019 which again framed the base for NPCIL authorities to work in a corrupt manner.
19) NPCIL authorities constituted a new ICC and formality of ICC findings sharing was done and one more ICC report dated-02/03/2023 was prepared.
20) Division Bench, in its judgment specifically mentioned to conduct inquiry as per principle of natural justice and then share the findings with me but NPCIL ICC did not follow the judgment and prepared a second report dated-02/03/2023 without adhering to natural justice.
21) Disciplinary Authority issued me a notice on 03/04/2023 for my statement against ICC report dated-02/03/2023, to which I raised my objections but was not listened. Disciplinary Authority issued this notice wrongly because there is no such provision under NPCIL guidelines or POSH Act-2013.
22) On 12/09/2023, Disciplinary Authority again issued me a charge-sheet and asked for my statement of defence.
23) This is exactly same charge-sheet (with not even a single word different) which was quashed by DB in my Appeal. Thus Disciplinary Authority removed notice dated-03/04/2023, my response to it, ICC report dated-02/03/2023 and my submissions to it.
24) Disciplinary Authority without waiting for my statement of defence, appointed ICC as IO for regular inquiry against me.
25) I have again filed a petition at Jodhpur High Court in October-2023 which is pending and in queue since last one year.
26) I made a complaint against ICC members to Chairman, DAE to which departmental authorities got angry and issued me a WARNING on 30/08/2024 whereas I was already having sanction to approach any forum outside of NPCIL.
27) Disciplinary Authority is not even competent under NPCIL rules to issue me any WARNING but wrongly issued it with sole intention to suppress my voice.
Thus NPCIL authorities are inquiring about stalking since last more than 05 years without even knowing about when did stalking happen and what defence is acceptable to them but still providing me opportunity to defend. I do not know that what should I defend when there is no incident in the complaint of Ms Nilofer Khan.
Problem Statement:
1) Complaint dated-27/07/2019 of Ms Nilofer Khan is not specific and does not bear any date/time/detail/description of any incident of stalking thus not maintainable but NPCIL authorities cannot admit this correct fact at this moment because it will result into their mockery and insult.
2) SMS about "live-in relationship" is of June-2016 for which Ms Nilofer Khan should have complained within 03 months as per Section-9 of the POSH Act-2013 which she did not but departmental ICC was not aware about the law or intentionally did not adhere to it and have wrongly admitted the case.
3) Under POSH Act-2013 there is no provision for preparing 03 ICC reports but NPCIL is preparing its 3rd ICC report.
4) No action has been taken on my immediate complaint which is a huge prejudice to me and because of such fraud attitude by the departmental authorities I could not produce my witnesses in the inquiry. Firstly because the committee did not inform me about witnesses of Ms Nilofer Khan and Secondly no inquiry was instituted on my immediate complaint.
Under POSH Act-2013, I am not expected to defend fraud/dishonesty/corruption/arrogance/illiteracy/slipshod of departmental authorities ie. ICC and Disciplinary Authority.
Everyone in NPCIL knows that the case has been wrongly admitted but cannot admit the said fraud/corruption/dishonesty/slipshod and in view to protect themselves and keep me indulged in litigation they are issuing me charge-sheets and WARNING unnecessarily thus misusing and abusing their powers.
When charge-sheet was quashed by DB of Hon'ble Court, at that time also every one of them were very well aware about violations of statutory provisions of the Act but still did nothing to cure or rectify the same and kept continuing the vitiated inquiry. Thus authorities at NPCIL are not interested to conduct the inquiry in an honest, neutral and impartial manner but are already decided and just doing paper formalities. They never admit their fraud/mistake without getting slapped by Hon'ble Court.
Can it be assumed that 07 members trained and expert committee and CMD, NPCIL was not aware about violation of statutory provisions of the POSH Act-2013 and for which I was forced to approach DB of Hon'ble High Court?
Can it be assumed that whole department is inquiring about stalking allegation since last more than 05 years and that too when Ms Nilofer Khan has not produced any incident?
NPCIL Authorities are getting retired after puzzling me in the court cases and misusing/abusing their power/position. NPCIL authorities are misappropriating organization/government money to defend their fraud in Hon'ble Court and because of such arrogant and dishonest attitude by the NPCIL authorities i.e. inquiry authority and disciplinary authority, I am facing harassment since last more than 05 years.
I know that once case number comes in Court, I shall win but it will take at least 03 year and till then I will be under stress and authorities will keep enjoying my condition. Also there is a strong chance that a 3rd charge-sheet may be issued to me so as to keep me in puzzled condition.
Request/Prayer/Suggestion Sought:
1) What action I can take against Disciplinary Authority and Inquiry Authority/ICC ? Can I file a police case against him i.e. by his name? If yes then under which offence, IPC, BNS? If I cannot take any action against such fraudulent authorities then I will not be able to come out of this case till my retirement because authorities will keep on issuing me charge-sheets and WARNINGS illegally.
2) How many inquiries are expected under POSH Act-2013?
3) Is there any provision for preliminary inquiry and then to conduct regular inquiry. As far as I know there is no such provision of preliminary inquiry and only one i.e. final inquiry as per applicable service rule is expected that too inquiry should be completed within 90 days (Refer Section-11 of the POSH Act-2013).
4) What are Guidelines/procedure/rules applicable for inquiry before issuance of charge-sheet?
5) What are Guidelines/procedure/rules applicable for inquiry after issuance of charge-sheet?
6) Should I file a COURT case/ Writ petition against authorities by their name i.e. by name of Chairperson ICC and by name of Disciplinary Authority so that they can be punished?
Kindly note, complaint against me does not mean that authorities have got license to work in a dishonest, fraud, corrupt and dictatorship manner.
From the contents of the query, it appears that you are aggrieved with the inquiry proceeding carried on by the ICC (Internal Complaints Committee) in the allegation brought against you and you were not allowed to defend your case following the principle of natural justice. According to Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or nonverbal conduct of a sexual nature. Stalking is not specifically defined in the POSH Act. Section 354D(1) of IPC defines Stalking as if any man who (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if the man who pursued it proves that (i) it was pursued the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State, or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law, or (iii) in the particular circumstances such conduct was reasonable and justified. Section 14 of the POSH Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the ICCs (Internal Complaints Committee) “may recommend” to the employer that action be taken against the woman or the person who filed a false complaint “in accordance with the provisions of the service rules.” In case, pursuant to the recommendation of IIC based on the inquiry/investigation goes against the respondent, and he is awarded a capital punishment like termination/dismissal from service, he can bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the POSH Act for redressal of his grievance. Further, an aggrieved central or state government employee can challenge the order of the disciplinary authority passed under the POSH Act either before the Central Administrative Tribunal(CAT) or SAT and also before the High Court seeking justice in the matter.
Your case is a complex one, involving misuse of power and procedural violations under the POSH Act, 2013, as well as harassment through repeated inquiries. Based on the details you've provided, I'll address your questions and provide guidance on possible courses of action.
You can file a criminal complaint for misuse of authority, fabrication of evidence, or harassment if you have substantial evidence to support your claims of malice or corruption. However, this may lead to prolonged litigation, and you'd need to prove malicious intent beyond procedural violations.
You may also file a case for criminal conspiracy if you believe there is a coordinated effort to harass you.
File a formal complaint with the higher authorities within NPCIL, or escalate to the Department of Atomic Energy (DAE) or Central Vigilance Commission (CVC), citing specific procedural lapses and bias in the inquiry process. This would be less time-consuming than a court case and may yield results faster.
The POSH Act, 2013, provides for only one inquiry by the ICC into a complaint of sexual harassment. There is no provision for multiple inquiries unless there are procedural errors that warrant a fresh inquiry or if a court orders a fresh inquiry.
Your case, where three ICC reports were made, clearly shows procedural violations. Section 11 of the Act mandates that the inquiry be completed within 90 days and findings shared with both parties.
There is no provision for a preliminary inquiry under the POSH Act, 2013. Once a complaint is made, the ICC is expected to conduct a full and fair inquiry and complete it within 90 days. The entire process should be transparent, and both parties should be aware of the evidence and witnesses.
Before issuing a charge-sheet, the disciplinary authority should ensure that:
A preliminary investigation is conducted (if required under service rules) to determine if there is a prima facie case.
Specific charges are framed based on the inquiry findings or internal investigation.
A show-cause notice is issued, and a response from the accused is considered before proceeding with a formal charge-sheet.
In your case, since the charge-sheet is based on an ICC report, it must follow the POSH Act procedures, and any deviation from natural justice (like not providing access to the report) is a violation.
After the issuance of the charge-sheet:
You must be given reasonable time to file your defense.
The Inquiry Authority (IO) should conduct a fair hearing, allowing you to cross-examine witnesses and present your evidence.
The findings must be based on the inquiry and shared with you for your representation.
The final report should be submitted to the Disciplinary Authority, who will then pass the final order.
You can file a writ petition in the High Court under Article 226 of the Constitution against both the Chairperson of ICC and Disciplinary Authority, naming them as respondents. The writ can challenge:
Violation of statutory provisions under the POSH Act.
Non-adherence to natural justice principles (like not sharing reports).
Continuous harassment through multiple charge-sheets and inquiries.
This petition can seek quashing of proceedings, and you can request a mandamus (direction) to the NPCIL to follow the law and principles of natural justice.
Immediate steps you must take are, File a detailed representation to the Department of Atomic Energy (DAE) and Central Vigilance Commission (CVC) about the procedural violations in your case, focusing on bias, violations of the POSH Act, and harassment.
File a Writ Petition in the High Court challenging the 3rd charge-sheet, citing the Division Bench's earlier judgment and procedural violations in the ICC inquiry. You can also ask for a stay on proceedings pending the High Court’s decision.
Consider pursuing a defamation case if your reputation has been harmed by false or malicious complaints.
If your case is not progressing in the High Court, you may file a special leave petition (SLP) in the Supreme Court after exhausting the High Court options.
In short, it is crucial to document all the procedural lapses, obtain a legal opinion, and proceed with both administrative and judicial remedies. If NPCIL is acting dishonestly and contrary to the POSH Act, courts will likely provide you with relief.
Regards
Your query is too lengthy which cannot be read within 5 minutes. Please give brief history and two or three questions.
Show cause notice
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