Constitution of a Complaints Committee to enquire into complaints of sexual harassment made against officers of the level of Secretary and Additional Secretary to the Government of India.

(25 D) Central Civil Services (Conduct) Rules, 1964 – constitution of a Complaints Committee to enquire into complaints of sexual harassment made against officers of the level of Secretary and Additional Secretary to the Government of India.

Reference is invited to the Department of Personnel and Training’s O.M. No. 11013/10/97-Estt. (A) dated 13.02.1998 on  the guidelines and norms  to be observed to prevent sexual harassment of women were issued under rule 3 of the Central Civil Services (Conduct) Rules, 1964 in pursuance of the judgment of the Hon’ble Supreme Court in Vishakha & Others vs. State of Rajasthan & Others (JT 1997 (7) SC 384) and to say that para 6 of the Supreme Court’s guidelines provides for creation of an appropriate  complaint mechanism so as to ensure time-bound treatment of complaints of sexual harassment preferably by women officers.  Para 7 thereof stipulates that the Complaints Committee should be headed by a woman and not less than half of its member should be women and that further to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either an NGO or other  body  who  is  familiar  with  the  issue  of  sexual  harassment.The various Ministries/Departments were also advised vide DOPT’s O.M. No. 11013/10/97-Estt. (A) dated 13.07.1999 to ensure that the Committee constituted for redressal of the complaints by the victims of sexual harassment should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations.  Subsequently, in 2004 a proviso was added to rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 to the effect that the Complaints Committee established in each Ministry or Department or Office for inquiring into complaints of sexual harassment shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints, the inquiry, as far as practicable in accordance with the procedure laid down in the said rules.

2.         For inquiring into complaints made against officers of the level of Secretary and Additional Secretary and equivalent level in the Government of India in the Ministries/Departments and Organisations directly under the control of the Central Government (other than the Central PSUs), it has been decided with the approval of the Prime Minister to constitute a Complaints Committee in terms of Cabinet Secretariat’s Order No. 1 dated 26.09.2008 (copy enclosed).  Existing Complaints Committee established in each Ministry or Department or Office will, therefore,  inquire into fresh complaints of sexual harassment against only those Government servants who are not covered by the Cabinet Secretariat’s Order No. 1 dated 26.09.2008.

3.         All Ministries/Departments are requested to  bring the foregoing to the notice of all concerned for information and necessary action.

Copy of Cabinet Secretariat’s O.M. No. 501/28/1/2008-CA.V dated 26th September, 2008

No. 501/28/1/2008-CA.V

Cabinet Secretariat

Rashtrapati Bhavan

….. 

New Delhi, Dated : 26th September, 2008

Subject :  Constitution of  a Complaints Committee to enquire into complaints of sexual harassment made against officers of the level of Secretary and Additional Secretary to the Government of India.

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            With the approval of the Prime Minister, it has been decided to constitute a Complaints Committee to enquire into complaints of sexual harassment made against officers of the level of Secretary and Additional Secretary and equivalent level in Ministries, Departments and organizations directly under the control of the Central Government other than Central PSUs.

2.         The Committee will proceed in accordance with guidelines laid down by the Supreme Court in the case of Visakha and Others vs. State of Rajasthan.  The composition of the Committee will be as follows :

3.         The Committee will have a tenure of three years from the date of issue of this order and will be serviced by the Cabinet Secretariat.

(Renuka Viswanathan)

Secretary (Coordination)

[DOPT OM No. 11013/3/2009-Estt. (A) dated 2nd February, 2009]