The Delhi High Court has asked the Central government to provide details of the funding given to The Energy and Resources Institute (TERI) after a plea was filed by the victim in a sexual harassment case alleging that the organisation had not taken any action against its chief R K Pachauri as recommended by an internal complaints committee (ICC) in connection with her complaint.
During arguments before the bench of Justice RS Endlaw on Tuesday, senior advocate Indira Jaising, appearing for the victim, said that TERI and its governing council “primarily failed to treat it as a misconduct or suspend him (Pachauri)” as recommended by the ICC in its report.
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The petitioner has also argued that since TERI was funded by the government, it should be treated as “state” under Article 12 of the Constitution and all laws applicable to government agencies should apply to it.
Additional Solicitor General Sanjay Jain, however, said that the government only funded certain projects of TERI and had no control over its management.
After the ASG’s submission, the court said: “If you fund them, there would be some audit. There would be some conditions attached, especially when you are regularly funding them.”
The court has now asked the government to explain the funding, as the ASG argued that a writ petition was not maintainable against TERI as it was not “state” as per Article 12 of the Constitution.
The petition seeks directions to TERI to declare that it will abide by the Sexual Harassment at Workplace Act and Rules.