The report of the Complaints Committee should be treated as an enquiry report

25C.  Report of the Complaints Committee constituted for prevention of sexual harassment of women at work places – follow up action.

Reference is invited to this Department’s O.M. of even number dated 12th December, 2002 in which it has been clarified that the report of the Complaints Committee should be treated as a preliminary report against the accused Government servant.

2. In the order dated 26.04.2004 in Writ Petition (Crl.) No. 173-177/1999 (Medha Kotwal Lele & Others Vs. Union of India and others) the Supreme Court has directed that “the report of the Complaints Committee shall be deemed to be an inquiry report under the CCS Rules.  Thereafter the disciplinary authority will act on the report in accordance with the rules.”  Sub-rule (2) of rule 14 of the CCS (CCA) Rules, 1965 has accordingly been amended to provide that the Complaints Committee shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these Rules by the Notification No. 11012/5/2001-Estt. (A) dated 01.07.2004  (GSR 225 dated 10th July, 2004).

3. In view of the said amendment made to the CCS (CCA) Rules, 1965 the instructions contained in the  O.M. No. 11013/11/2001-Estt. (A) dated 12th December, 2002  should be  treated as  modified and the report of the Complaints Committee should be treated as an enquiry report and not a preliminary report.

(25B) Report of the Complaints Committee constituted for prevention of sexual harassment of women at work places – follow up action

Reference is invited to this Department’s OM No. 11013/10/97-Estt. (A) dated 13th February, 1998 under which the guidelines and norms laid down by the Supreme Court in the case of Vishka and others Vs. State of Rajasthan and others (JT 1997 (7) SC 384) for prevention of sexual harassment of women at work places, were circulated to all Ministries/Departments for compliance by all concerned.

2. The guidelines laid down by the Supreme Court provide, inter-alia, for the constitution of a Complaints Committee in the employer’s organization for redress of the complaint made by the victim. In this connection, a question has been raised regarding the status of the inquiry held by the Complaints Committee. It is clarified that the findings of the Complaints Committee regarding sexual harassment of the complainant/victim will be binding on the disciplinary authority to initiate disciplinary proceedings against the Government servant(s) concerned under the provisions of the CCS (CCA) Rules, 1965. The report of the Complaints Committee should be treated as a preliminary report against the accused Government servant.

[DOPT OM No. 11013/11/2001-Estt.(A), dated 12.12.2002]