Excelsior Correspondent
Srinagar, Dec 23: The High Court today upheld enquiry report of Government into the allegations of sexual harassment by then Director Health Services Kashmir and dismissed the plea of medicos to challenge the report.
The enquiry conducted by the Complaints Committee formed by the Government had concluded that the allegations against the then Director have not been proved.
The petitioner working as a Doctor in H&ME department challenged the enquiry report rendered by the Additional Chief Secretary as also order No.818-JK(HME), whereby Complaints Committee under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, has been constituted for enquiring into the complaints of sexual harassment against women employees of the Health & Medical Education Department and its subordinate offices.
The victim doctor was seeking to re-constitute the Complaints Committee under the Act of 2013 and to hold a fresh enquiry into the allegations of sexual harassment of the petitioner-victim at the hands of the then Director Health Services Kashmir.
Justice Sanjay Dhar has dismissed the plea by recording that the petitioner has acquiesced in the constitution of the Complaints Committee by her conduct and has fully participated in the enquiry proceedings.
Court said the petitioner cannot be heard to question the constitution of the Complaints Committee at this stage when the result of the enquiry has gone against her, particularly when the enquiry proceedings have been conducted after observing the principles of natural justice and the findings of the Committee are based upon the material produced before it.
Her case before the court was that, she received a phone call from the then Director at the relevant time and he communicated highly objectionable sexual innuendos to her in an inebriated state when she was working as Consultant MCH in the Directorate of Health Services, Kashmir.
“By participating in the enquiry proceedings without any demur, the petitioner has acquiesced in the constitution of the Complaints Committee and she has at no stage lodged any protest either regarding functioning of the Committee or regarding its constitution. She cannot be heard to challenge the constitution of the Committee once the result went against her”, Justice Dhar recorded.
Court also added that there is not even a whisper made in the writ petition that the petitioner had felt uncomfortable in participating in the proceedings or she had raised any objection with regard to the constitution of the Committee.
Court has held that the procedure adopted by the Complaints Committee while conducting enquiry in the instant case is in accordance with law and the principles of natural justice have been adhered to, the question arises whether the petitioner can turn around and wriggle out of the enquiry report on the ground that its constitution is not in accordance with law.
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