Tripura HC has ordered a fresh inquiry into sexual harassment allegations against a senior ICAR scientist after setting aside the earlier ICC report and a related order. The court observed possible witness intimidation and directed constitution of a new committee within four weeks.
A fresh inquiry has been ordered into allegations of sexual harassment made by a woman scientist against a senior official of the Indian Council of Agricultural Research (ICAR), after the Tripura High Court set aside an earlier Internal Complaints Committee (ICC) report and a subsequent order that had upheld its findings.
The order was passed by a division bench headed by Chief Justice MS Ramchandra Rao while hearing a writ appeal filed by the petitioner, a level-10 scientist currently posted in Tripura. The appeal challenged a December 20, 2023 judgment delivered by a single bench in connection with W.P.(C) No. 483 of 2022.
According to court records, the petitioner had accused a Principal Scientist of sexual harassment during his tenure in Tripura. The accused official is currently posted at Krishi Bhavan in New Delhi. At the time of the alleged incidents, he was serving in a senior administrative role within the Tripura unit of ICAR.
While examining the matter, the division bench expressed concern over the influence held by the accused officer within the institution. The court observed that the official occupied a “dominant position” and was also responsible for preparing Annual Performance Appraisal Reports (APARs) of certain employees who later appeared as witnesses during the inquiry process.
The bench stated that such circumstances could have affected the credibility of witness testimonies. The court noted that the witnesses “might not have deposed honestly out of fear,” raising doubts over the fairness and independence of the previous inquiry proceedings.
The judges also pointed out that the accused officer had not been transferred during the pendency of the inquiry, despite provisions under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act allowing such action to ensure a fair investigation environment.
“It is sad that the respondent no.7 was not transferred during the period of inquiry by the Institute Complaint Committee so that the witnesses can depose without fear though this could have been done under Section 12 of the Act,” the court observed in its order.
The bench declared that the April 9, 2019 report submitted by the Institute Complaints Committee, along with the June 30, 2021 order issued by the Secretary of the Ministry of Women and Child Development affirming the report, were legally unsustainable and “vitiated.”
As a result, both the committee report and the ministry’s order were set aside.
The High Court further directed the respondent authorities to form a fresh Internal Complaints Committee within four weeks in accordance with Section 4 of the Sexual Harassment of Women at Workplace Act. The newly constituted committee must include members senior in rank to the officer named in the complaint.
The court also instructed that the inquiry should be conducted in compliance with Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
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Both parties have been granted the liberty to present evidence afresh, exchange relevant documents, and cross-examine witnesses before the committee. The court ordered that the new inquiry must conclude within six months from the date of constitution of the fresh committee and that a reasoned order should be communicated to the appellant.
Advocate Samik Deb appeared on behalf of the petitioner in the matter.
