The Delhi High Court Thursday directed the Enforcement Directorate (ED) to take a decision on the recommendations of the internal complaints committee (ICC) against the Deputy Legal Advisor (DLA) of the ED under the Sexual Harassment at Workplace Act within six weeks.
The bench of Justice G S Sistani and Justice Sangeeta Dhingra Sehgal has directed the disciplinary authority to consider the recommendations made by the ICC in January 2014 against Ashish Chandra Singh, the DLA, posted at the head office in Delhi. The bench has set aside a stay order issued by the Central Administrative Tribunal on grounds that it was given “prematurely” as the ICC recommendations had not even been considered by the Disciplinary Authority of the Revenue Department.
The woman officer, who is at present posted at the legal department of the ED in Mumbai, had approached the Delhi High Court last year after the CAT issued a stay on the recommendations of the ICC.
According to the complaint, the DLA had been passing lewd remarks against her and harassed her between 2010 and 2012. She also alleged that the DLA would call her into his office repeatedly and even summoned her after she was transferred to Mumbai under the garb of official work. The officer then filed a complaint with the ED’s Internal Complaints Committee in 2012.
The ICC gave its recommendation report on January 31 2014, holding Singh guilty and imposed a fine of Rs 10,000. The DLA, however, approached the CAT against the ICC recommendations.
The woman officer then approached the court against the CAT order, claiming that the inquiry into the allegations of sexual harassment will not amount to “service matter”of The Administrative Tribunals Act and that the CAT did not have jurisdiction.