It appears that the Office Memorandum vide F. No. 11013/2/2014-Estt (A-II1) dated July 16th, 2015, of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training (DoPT) talks about an investigation (preliminary enquiry) and regular inquiry. However, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, appears to basically talk about an inquiry itself.
In any case, while it may not be possible for me to comment on the facts of the case, in the absence of having seen the details, let me point out that Section 18 of the said Act has a provision for filing appeal before the court or tribunal in accordance with the provisions of the service rules applicable to the employee concerned. If you are governed by the central government rules, then you may perhaps have to approach the Central Administrative Tribunal (CAT); otherwise, approach the appropriate court, as applicable in your case.
If your organisation is covered under the DoPT guidelines (as it appears to be), then you can challenge digression from the DoPT guidelines in the matter of inquiry / investigation against you, even if such matter is not covered within Section 18 of the said Act for which appeal can be filed. So, if you are aggrieved by the non-following of the procedure, and if it has led to a serious prejudice to your rights, you can approach the appropriate court or tribunal, as may be applicable in your case, for remedial action.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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