Facts of the Case:

The petitioner, a Constable in the Border Security Force (BSF), filed a complaint of sexual harassment against an officer. The BSF initially conducted an inquiry under The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“Sexual Harassment Act”), but the officer was discharged of all charges. A subsequent inquiry was held under the Border Security Force Act, 1968, which resulted in the officer being penalized with 89 days of rigorous imprisonment in custody, forfeiture of 5 years of service for promotion, and forfeiture of 5 years of past service for pension purposes. The petitioner was dissatisfied with the penalty and contended that the inquiry under the Sexual Harassment Act was not properly conducted. Specifically, the petitioner was not provided a copy of the inquiry report as required under Section 13(1) of the Act.

Contention of the Petitioner:

The petitioner argued that the BSF failed to take appropriate action under the Sexual Harassment Act. She contended that the penalty imposed on the accused was inadequate and that there was a violation of Section 13(1) of the Sexual Harassment Act because she was not provided with a copy of the inquiry report.

Contention of the Respondent (BSF):

The BSF responded that the initial inquiry under the Sexual Harassment Act did not find substantial evidence against the accused. They stated that the inquiry report was not provided to the petitioner because she was not the accused, and no adverse findings were made against the accused. The BSF emphasized that a subsequent inquiry under the BSF Act led to a detailed investigation, and appropriate penalties were imposed on the accused, which were duly executed.

Court’s Observation:

The court observed that Section 13(1) of the Sexual Harassment Act mandates that the inquiry report be made available to all concerned parties, including the victim. The BSF’s failure to provide the report to the petitioner constituted a violation of the Act. However, the court also noted that the penalties imposed on the accused under the BSF Act were sufficient and in line with the requirements of justice.

Court’s Decision:

The court directed the BSF to pay a penalty of ₹25,000 to the petitioner for violating Section 13(1) of the Sexual Harassment Act. It held that the punishment awarded to the accused was adequate and met the ends of justice. With these observations and directions, the writ petition was disposed of.

Credits: Deeksha Rai