1999 (1) TMI 522 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the superior's actions against the female employee amounted to sexual harassment.
2. Whether physical contact is an essential ingredient of the charge of sexual harassment.
3. Whether the superior's behavior constituted an act unbecoming of good conduct and behavior expected from a superior.
4. The extent of judicial review in disciplinary proceedings.
5. The appropriateness of the punishment imposed by the disciplinary authority.

Summary of Judgment:

1. Sexual Harassment:
The Supreme Court examined whether the respondent's actions against Miss X, a female employee, amounted to sexual harassment. The Enquiry Officer found that the respondent's actions were against moral sanctions and did not withstand the test of decency and modesty. The Court concluded that the respondent's conduct constituted sexual harassment, as it involved unwelcome sexual advances and created an intimidating and hostile working environment for Miss X.

2. Physical Contact:
The Court addressed whether physical contact is essential for a charge of sexual harassment. It held that physical contact is not a necessary ingredient. The respondent's repeated attempts to sit close to and touch Miss X, despite her objections, were sufficient to constitute sexual harassment.

3. Unbecoming Conduct:
The Court found that the respondent's behavior was unbecoming of good conduct and behavior expected from a superior officer. The respondent's actions, including pressuring Miss X to accompany him to a secluded place and making unwelcome sexual advances, were against moral sanctions and decency.

4. Judicial Review:
The Court emphasized the limited scope of judicial review in disciplinary proceedings. It stated that the Disciplinary Authority is the sole judge of facts, and the High Court should not interfere with factual findings unless they are based on no evidence or are perverse. The High Court erred in re-appreciating the evidence and substituting its own conclusions for those of the Disciplinary Authority.

5. Punishment:
The Court held that the punishment of removal from service imposed by the Disciplinary Authority was appropriate and commensurate with the gravity of the respondent's objectionable behavior. The High Court's interference with the punishment was unwarranted and misplaced. The Court restored the punishment of removal from service, emphasizing that lenient action would have a demoralizing effect on working women.

Conclusion:
The Supreme Court set aside the High Court's order and upheld the punishment of removal from service imposed by the Disciplinary Authority. The appeals were allowed, and no order as to costs was made.