HC allows proceedings against senior aviation officer in sexual harassment case
MUMBAI: The Bombay high court on Wednesday stayed an order passed by the Central Administrative Tribunal (CAT) and allowed the Directorate General of Civil Aviation (DGCA) to proceed with departmental proceedings against a senior officer in an alleged sexual harassment case. The CAT had in August 2024 struck down the chargesheet served on the then Director of Airworthiness and had also directed the DGCA to grant him promotion, if he was entitled to it. (Shutterstock)
The DGCA had approached the high court, challenging the CAT order, stating that the allegations of sexual harassment were levelled by a contactual staff of the organisation against the officer when he was posted in Bengaluru, and the matter was referred to the ICC.
Additional solicitor general Anil Singh informed the court that after a preliminary inquiry conducted by the ICC, as contemplated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), based on the preliminary report of the ICC, charges were framed by the disciplinary authority and the same was served on the officer concerned.
The officer had challenged the issuance of chargesheet before the Mumbai bench of CAT, claiming that the proceeding was based on completely false allegations levelled after the contractual employee realised that her services were about to be terminated.
The Tribunal on August 2, 2024, struck down the chargesheet, observing that in a number of judgements, the Supreme Court has held that the ICC should frame the charges and serve the chargesheet on the delinquent officer.
The Tribunal held that the chargesheet was liable to be struck down, as it was prepared and served by the Disciplinary Authority of the DGCA, and not by the ICC. The Tribunal also allowed the officers' plea for promotion, observing that under the law laid down by the apex court, due promotion can be denied to a government employee only when a chargesheet is served on him, or he is under suspension, or criminal prosecution is initiated against him.
The Tribunal said since none of the eventualities existed, after striking down the chargesheet against the officer concerned, due promotion could not have been denied to him, and ordered the DGCA to grant him promotion to the post of deputy DGCA, if he was entitled to it.
A division bench of justice MS Karnik and justice NR Borkar, however, stayed the CAT order. 'We find that the charges levelled against respondent No 1 (Soni) are serious,' the bench said, while staying the CAT order. 'We do not find any prejudice to respondent No 1 as a consequence of Disciplinary Authority framing and issuing the chargesheet. In any case, respondent No 1 will get full opportunity to defend himself during the course of the inquiry and examination of the witnesses,' the judges added.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
an hour ago
- The Hindu
Dalit students denied haircut; police book salon owner
The Kalaburagi district police have registered a case against a salon owner who allegedly refused to give a haircut to Dalit students in Kinni Sultan village at Aland taluk in Kalaburagi district. On Friday when some students belonging to Dalit community went to a salon for a haircut, the hairdresser allegedly denied them the service, stating that they are continuing the practices passed on to them by their ancestors. But the reports of barbers refusing service to Dalits had surfaced recently. The caste-based discrimination still persists in Kinni Sultan village. Although there are three salon shops in the village, Dalits there are forced to travel all the way to Aland town-which is 14 km away or to the Tadakal village- which is about 5 km, for a haircut. The barbers in the village agreed to serve Dalit customers only after police personnel threatened stern action against untouchability. Based on a complaint lodged by a villager belonging to Dalit community, a case has been registered against the owner of salon shop Premnath Shinde under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Aland taluk Assistant Director of Social Welfare Department Vijaylakshmi Holkar visited the village to gather first-hand information of the incident.
The Hindu
2 hours ago
- The Hindu
Thrissur infanticide: remains of babies excavated
A forensic team from the Thrissur Medical College Hospital assisted by the Puthukkad police on Monday excavated the mortal remains of two newborns allegedly murdered and buried by a couple from their house compounds. The case for infanticide was registered by the Puthukkad police after Bhavin, 25, a contract plumber from Amballoor in Puthukkad, Thrissur, walked into the station in an inebriated condition in the early hours of Sunday carrying a bag, which, he claimed, contained the skeletal remains of the newborns. Later, the police took into custody his alleged former partner Aneesha, 22, a lab technician from Nooluvalli, near Puthukkad, also into custody and recorded their arrests. A team led by forensic surgeon N.K. Unmesh excavated the remains of the first baby boy, born on November 6, 2021, from the house compound of Aneesha. As per her confession on Sunday, the baby died due to delivery-related complications. The remains of the second child born on October 29, 2024, were found from the house compound of Bhavin. From water-filled channel Initially, the remains of the second baby could not be found from the site where the body was said to be buried. Later, the investigation team led by Puthukkad Inspector M. Mahendra Simhan under the supervision of Chalakkudy Deputy Superintendent of Police ( Biju Kumar brought Bhavin to the spot and questioned him further. Following this, a water-filled channel behind his house was dug, from where the remains were eventually found. 'The remains will be sent for DNA profiling to confirm that the babies were indeed born to the accused. Though the remains of one of the babies were about four years old, there are now systems in place to gather DNA evidence from old samples,' said forensic sources. Reportedly, the first baby was buried by Aneesha and the second baby by the couple. The two were reportedly in an affair for around five years. Differences cropped up between the two in the past six months and Bhavin turned suspicious of Aneesha. He had made Aneesha to get the bones of the first child from her house compound in the pretext that some rituals need to be done, while he collected the bones of the second baby himself. The accused have been booked under multiple charges, including murder, and sections under the Juvenile (Care and Protection of Children) Act. They were produced before a court in Irinjalakkuda and remanded in judicial custody.
Hindustan Times
3 hours ago
- Hindustan Times
Delhi HC allows minor sexual assault survivor to terminate pregnancy
The Delhi High Court on Monday allowed a minor sexual assault survivor to terminate her 26-week pregnancy. Delhi high court issued order allowing minor sexual assault survivor's pregnancy termination.(PTI) Justice Manoj Jain, therefore, directed the medical superintendent of AIIMS to terminate the over 26 weeks pregnancy of the girl, observing she was subjected to two sexual assaults. The survivor, 16, and her mother moved court with their plea for abortion citing serious mental trauma. The court directed AIIMS and its team of doctors to perform the procedure on the survivor on July 1 under the Medical Termination of Pregnancy (MTP) Act. It came on record that the medical board was not in favour of allowing the termination of pregnancy in view of the advanced gestational age requiring most likely a cesarean section procedure which could adversely affect the girl's future reproductive health. The medical board opined that the girl was otherwise physically fit. The girl and her mother, however, insisted on not continuing with the pregnancy. She moved the court after the doctors expressed their inability to proceed due to the statutory restrictions provided under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors. According to the girl's lawyer, the minor was sexually assaulted by a man during Diwali in 2024 but she did not disclose the incident to anyone. The second incident took place in March when she was sexually assaulted by another person and the pregnancy was the result of this incident, the lawyer said. She learnt about the pregnancy only when she went to a doctor with her sister and when her family members got to know, she confided in them about the sexual assault, leading to the filing of the FIR. At the time of the FIR in June, the gestational age exceeded the prescribed 24-week limit. The police arrested the accused of the March sexual assault incident whereas the man who assaulted her last year is yet to be nabbed, the court was informed. The high court in its order recorded judgments, including that of the Supreme Court, in which pregnancy was allowed to be terminated in cases where gestational period exceeded 27 weeks and even of 33 weeks. "The situation in this case is unfortunate. The girl was subjected to sexual assault for the first time on Diwali but she did not divulge about this to anyone and she was again subjected to sexual assault in March by another person," the court said. The order continued, "It is not difficult for this court to comprehend and understand the grave mental injury inflicted upon the minor." The AIIMS doctors, as a result, were ordered to maintain a complete record of the procedure aside from preserving the fetus tissue, which could be required for DNA identification and investigation purposes. The court further directed the state authorities to bear all the expenses of the medical procedure, the girl's stay at the hospital and the expenditure of post-operative care. "If the child is born alive, the medical superintendent of AIIMS along with state authorities shall ensure that every assistance is offered to such child and intimation will be given to the Child Welfare Committee," the court said. Since the minor's mother wants to get the pregnancy terminated, she has no objection if the child is born alive and given up for adoption, the order added.
