Chennai: Coming to the rescue of an employee of the Bhabha Atomic Research Centre (BARC), Kalpakkam, against whom disciplinary proceedings were initiated for pushing a higher official, following an argument over the official’s alleged sexual harassment of the employee’s wife working under him, the Madras high court quashed the charge memo and subsequent proceedings, holding that his reaction as husband was natural and not excessive.
A division bench, comprising justices N. Paul Vasanthakumar and P.R. Shivakumar, allowed the petition from employee Anbu (name changed) while quashing the order of the Central Administrative Tribunal, which upheld the charge memo and departmental proceedings against Anbu. Anbu works as a technician in BARC and his wife is employed as a technician in another division of the same organisation.
Since her higher officer sexually harassed her repeatedly, she lodged a complaint with the police and the department. While so, in 2013, when Anbu asked the officer about the incident, there was a quarrel and Anbu pushed the officer. The officer lodged a complaint with the department. On the woman’s complaint, the police registered a case and the officer surrendered before a lower court and was subsequently let out on bail.
He was also placed under suspension but this was subsequently revoked. Since the competent authority did not act on the enquiry report of the women’s cell committee, citing technical grounds, another standing complaint committee was constituted. But its proceedings were stayed by the high court.
While so, the officer was transferred to Mumbai. However, based on the complaint of the officer, a charge memo was issued against Anbu. The bench said it was evident that there was prima facie material regarding sexual harassment by the officer. In such circumstances, Anbu’s reaction as husband was natural and not excessive.
