I accepted a staement of reconciliation b/w two parties involved in a sexual harassment case
Wing Commander Shaleen Airon
(Querist) 14 November 2014
This query is : Resolved
I am the Commanding Officer of an independent Air Force Unit in Assam. Being the Commanding Officer, I am also vested with Quasi-Judicial authority.
In Sep 2013, a women employee employed on daily wage basis as a ‘Ayah’ in my unit made allegations of Sexual harassment against one of my Airmen (havildar). The alleged incidents happened mostly when I was on leave for am month in Aug-Sep 2013.
I asked for the complaint in written from the lady which she gave me. I forwarded the written complaint to my immediate higher authority , which ordered a Court of Inquiry on 15 Oct 2013. The same Court of Enquiry was re-convened by higher authority 3 more times and finalised in Mar 2014.
As per the statements of witnesses , the airman was deemed as ‘Blameworthy’. The Immediate higher authority conducted a Charge Trial on 15 Sept 2014. The Authority declared that the evidence be reduced to writing by convening a ‘Summary of Evidence’.
Meanwhile, on many occasions , between 16-20 Sep 2014, I was apprised by a civil employee working in my unit that he has counselled the lady to reconcile and told me that the lady was very upset and tensed because no witness had deposed in her favour in the ‘Summary of Evidence’ and wanted to speak to me urgently.
I always had a neutral stance and my name was nowhere involved in the matter. However, as the lady also happened to be a daughter of a retired brother soldier (A retd JCO of army) and had worked in my office , I called her.
She told me that she wanted to take the case back as she felt very harassed coming again and again for past one year. I again maintained my neutrality . I called her twice more out of sheer concern.
On 26 Sep 2014, she came to my office and wanted to give a statement of reconciliation withdrawing all allegations against the airman. I asked her to go to the Presiding officer of Summary of Evidence or the immediate higher authority which was handling the case. She refused , citing her sensitivities that she doesn’t want to go there anymore and everyone knows her case and she is a localite and this might also lead to marital discord.
I called in my airman and told him and he accepted her offer. She wrote the statement in presence of 3 more witnesses who were employees of my unit. The other 3 witnesses also satisfied themselves that she was not under any duress / threat to give such a statement and that she had come on her own volition and it was her own desire and decision to withdraw the allegations.
I forwarded the statements of reconciliation between the two immediately to the higher authority handling the case. I have not given any decision or any recommendations or wrote that ‘ the case may be closed’ or that ‘the parties have reached a reconciliation’. I simply forwarded the statement of both to the higher authority for their decision on them.
Now, the IAF authorities didn’t like this development for reasons best known to them . They instituted another court of enquiry against me to probe if I had any role in influencing or pressurizing the complainant.
- The lady never didn’t even attend the proceedings of this Court of Enquiry despite repeated requests and calls from the enquiry officer. She has not offered any statement or complaint in this court of enquiry against anyone.
- The lady has not made any complaint anywhere against me till now in any manner to any authority (military/civil) till date.
- The court of enquiry didn’t declare me as blamed / blameworthy and the proceedings were submitted to the higher convening authority citing her as ‘absent’.
- I pleaded that I am innocent in the whole matter and that I am in fact the one who took the matter to higher authorities for investigation and disposal, i.e. to award a suitable punishment to the offended if he is found guilty. I am aware that the punishment could be a ‘dismissal’ from service , and this is beyond the scope of my quasi-judicial powers and hence the case was forwarded to higher headquarters from the very start . It has been one year, I have not asked any party to reconcile as my name was nowhere involved in the case.
- Today, I have received a show cause notice from the Command Headquarters asking for my reply and citing an asuumed / surmised allegation of ‘ Motive to close the case’, as I have communicated with the complainant on telephone twice or thrice.
- I am sure to be awarded a punishment by my Command headquarters chief called the AOC-in-C of rank of Air Marshal who is higher in the chain of command than my immediate higher authority.
- What can I do to help my case? Isnt it wrong to be issued a show-cause / convene a Court of enquiry in the absence of any complaint?
- I was due for my promotion to the next higher rank after 4 days. The IAF authorities are premeditated to punish me for this ‘assumed / conjectured offence’ and also have delayed my promotion till the whole proceedings are completed.
- The promotion letter has already been issued by Ministry of Defence. But IAF has withheld my promotion and also hell bent on giving me a punishment for the misconduct.
- Kindly guide me as to how can I prepare a good defence.
Thank you very much.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
The case has been handled in total violation of the Supreme Court Judgement in Vishakha case.
COI held in this case is illegal.
The Supreme Court has laid seperate procedure for handling these case and the same is being followed in short cut of the statutory process laid down in CCS(CC&A) Rules. The same analogy operates.
Pressure (said to be counseling) given to the complainant is illegal.
The civilian employee who mediated the patch up is also guilty of violation of rule 3 of CCS(Conduct) Rules.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
repeated
http://www.lawyersclubindia.com/experts/Receiving-a-statement-of-reconciliation-by-parties-in-a-sexual-harassment-case-in-IAF-507486.asp
R.K Nanda
(Expert) 14 November 2014
repeated query.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
REPLIED IN DETAILS
http://www.lawyersclubindia.com/experts/Receiving-a-statement-of-reconciliation-by-parties-in-a-sexual-harassment-case-in-iaf-507486.asp#.VGZEdWeO5G0
Sudhir Kumar, Advocate
(Expert) 14 November 2014
I would request to refer to Judgement of Supreme Court in Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997 [available at http://indiankanoon.org/docfragment/1031794/?formInput=vishaka]
Govt instruction on the subject are in DOPT OM No. 11013/10/97-Estt.(A), dated 13.02.1998
ajay sethi
(Expert) 15 November 2014
well advised by MR Sudhir Kumar
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
repeated query.Your same query was very elaborately answered by many experts in the previous thread itself, out of curiosity, donot repeat the same.
