HC stays ‘vulgar’ probe into sexual harassment

Sushma Desai (name changed), an employee of NALCO who has filed a writ petition in the court, today submitted an affidavit stating how the internal inquiry had led to further harassment and humiliation.

Desai was allegedly asked by the committee to enact the scene, which occurred on February 7 at Hotel Leela, along with another woman member of the committee.

Moreover, the queries put to the victim included questions about the suite at Leela, her reasons for meeting the company’s chairman, and whether she had consumed liquor.

Three members of the committee are from NALCO’s corporate and unit offices and the fourth is a director of Xavier Institute of Management, Bhubaneswar, where Venkataramana is a board member.

Expressing shock over the committee’s working, a division bench comprising judges A.P. Shah and A.S. Oka said the cross-examination was ‘‘vulgar’’ and seemed intent on proving that the 39-year-old petitioner was a ‘‘liar’’.

The bench has now ordered a stay on the inquiry conducted by the committee. The high court has also indicated that the inquiry may be entrusted to an outside agency.

Earlier, the high court had directed the committee to conduct an inquiry and submit its report on Thursday.

The committee was formed by the company in 2001 on the basis of the judgement of the Supreme Court of India in Vishaka vs State of Rajasthan, 1997, which stated that all public sector companies must have a complaints committee to address employees’ grievances.

In her affidavit, Desai has said: ‘‘Despite my protest, the committee insisted on a physical demonstration…the committee not only put me through undue trauma but also failed to maintain proper record of the entire proceedings…’’