Piyush Bhargava vs Ujjain Muncipal Corporation And Others

Jai Kumar Pillai, J

Issue notice to the respondents No. 2 to 4, on payment of process fee, within seven working days, by speed post, returnable in four weeks, failing which the writ petition shall stand dismissed, without reference to the Bench. On verifying the inquiry report, primafacie it appears that no compliance of Sections 9, 10 and 11 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has been done by the respondents wherein Section 11 of the Act, 2013 reads as under :-

"11. Inquiry into complaint .- (1) Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:

Provided that where the aggrieved woman informs the Internal Committee or the Local Committee, as the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent, the Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police:

Provided further that where both the parties are employees, the parties shall, during the course of inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.

(2) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15.

(3) For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents; and

(c) any other matter which may be prescribed.

(4) The inquiry under sub-section (1) shall be completed within a period of ninety days. "

Section 11 of Act, 2013 specifically spells out that the inquiry upon the compliant be done in accordance with the Service Rules which includes examination and cross examination of the witnesses and the inquiry should be a full fledged inquiry not a preliminary inquiry. Hence, in the present case the respondent has not conducted a full fledged inquiry as required under Section 11 of the Act, 2013, consequently as an interim measure it is directed that the inquiry report dated 09.04.2026 (Anenxure-P-17) passed by the respondent No.2 shall remain stayed, till the next date of hearing.

In the meantime, respondents may file the reply within a period of four weeks.

List the matter after four weeks. Certified copy as per rules.