PoSH ESP Case Law 1 ICC Recommendations

Gaurav Jain vs Hindustan Latex Family Planning ... on 7 January, 2015

Delhi High Court Gaurav Jain vs Hindustan Latex Family Planning ... on 7 January, 2015 Author: Valmiki J. Mehta * IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P(C) No. 139/2015 & CM No.218/2015 (stay)

% 7th January, 2015

GAURAV JAIN ......Petitioner Through: Ms. Ginny J. Rautray, Ms. Sumitha S. and Ms. Harsha, Advocates.

VERSUS

HINDUSTAN LATEX FAMILY PLANNING PROMOTION TRUST (HLFPPT) & ORS. ...... Respondents

Through: Mr. Mohit Abraham, Mr. Arvind Ray and Ms. Shruti Dutt, Advocates for R-

Ms. Suparna Srivastava, CGSC with Mr. Kumar Harsh, Advocates for R-2 and 3.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, who was an employee of the respondent no.1/employer/Hindustan Latex Family Planning Promotion Trust (HLFPPT), impugning the order of the employer dated 20.11.2014 by which the services of the petitioner were terminated pursuant to the report dated 17.11.2014 of the Internal Complaints Committee (ICC) which indicted the petitioner for sexual harassment of one lady employee Ms. Nidhi Guha/complainant. In the present case, at this stage itself, I must note that the ICC which has given its report dated 17.11.2014 has given a very detailed report running into about 27 pages and which report very thoroughly and exhaustively discusses all the facts, evidences and the issues and thereafter arrives at the necessary conclusions. The report of the ICC is lucid and very well written as if it is a judgment of a court. There were a total of five members of ICC who have given the report dated 17.11.2014, and which concludes with the following recommendations:-

"VI. Recommendation Considering the serious nature of misconduct of the Respondent, ICC recommends the following to the Employer i.e., HLFPPT:

(a) The Respondent, Mr. Gaurav Jain be terminated with immediate effect in view of the findings of the ICC and the service rules of HLFPPT.

Indian Kanoon - http://indiankanoon.org/doc/51542087/

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