Sexual harassment at any workplace is a serious concern, Supreme Court overruled the High Court judgment
The Honorable Supreme Court ordered withholding 50% of the accused’s pension indefinitely as a result of disciplinary proceedings while overruling the Gauhati High Court verdict.
The Supreme Court overruled the HC relief for ex-employees in cases of sexual harassment at the workplace and ruled sexual harassment incidents at the workplace were serious matters and needed to be taken seriously.
In a case involving sexual harassment, the Supreme Court (SC) decided that workplace harassment in any form is a serious matter that must be taken seriously.
The court rejected an earlier ruling by the Gauhati High Court that had overturned a penalty order to withhold 50 percent of the pension of a former Service Selection Board employee.
While noting that sexual harassment in any form at work is a serious matter that must be taken seriously, the Supreme Court has overturned a Gauhati High Court verdict that set aside an order of penalty for withholding 50 percent of the pension of a former employee of the Service Selection Board in a sexual harassment case brought by a female subordinate.
“Sexual harassment is a widespread and deeply ingrained problem that has afflicted societies all over the world.” It has long been a source of worry in India, and the passage of anti-sexual harassment legislation demonstrates the country’s resolve to confront the issue. “Sexual harassment has existed in India for centuries, but it was only in the latter half of the twentieth century that it began to gain legal recognition,” stated a bench that included Chief Justice DY Chandrachud, judges JB Pardiwala, and Manoj Misra.
The Supreme Court expressed these views while admitting the central government’s appeal against the high court’s 2019 decision reinstating full pension to a retired SSB officer who worked as an area organizer in Rangiya, Assam, between September 2006 and May 2012. In connection with the disciplinary proceedings filed on the basis of sexual harassment charges, Dilip Paul was ordered to forfeit 50% of his pension for the rest of his life.
We have come to the judgment that the Center’s appeal deserves to be heard. The High Court made a serious mistake in issuing the contested decision and order… The High Court’s impugned judgment and order dated May 15, 2019 are hereby set aside, wrote Justice Pardiwala in a 104-page decision for the bench.
While restoring the disciplinary authority’s penalty against Paul, the bench stated that the Center shall not affect any recovery of the cash already paid to the respondent.
We are dealing with sexual harassment litigation. Sexual harassment in the workplace, in any form, must be taken seriously, and the harasser must not be let off the hook. “We say this because it humiliates and frustrates a victim of sexual harassment, especially when the harasser goes unpunished or is given a relatively minor penalty,” it said.
The bench also discussed the Visakha judgment and the subsequent directions issued by the Supreme Court to effectively deal with cases of sexual harassment. Paul was accused of harassing a female employee who worked as a field assistant under him.
Initially, she filed a complaint with the Inspector General, Frontier Headquarters, Guwahati, alleging Paul’s sexual harassment.
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