S. Ravi Selvan Vs Central Board of Indirect Taxes & Customs (Madras High Court)
Madras High Court held that the matter involving sexual harassment complaint against IRS officer needs a fresh inquiry. Accordingly, High Court directs Internal Complaints Committee [ICC] to be re-constituted. Further, High Court also issued a series of directions for conduct of inquiry.
Facts- The present writ petition had been filed by the unsuccessful writ petitioner before us, seeking a declaration that all action and proceedings on the file of the Central Board of Indirect Taxes and Customs (CBIC) and the Chief Commissioner, Chennai, Customs Zone, pursuant to a complaint filed on 24.05.2022 by XYZ/R4 (‘complaint’/’sexual harassment complaint’) and to investigate which, an Internal Complaints Committee (ICC) had been constituted and a notice issued by the ICC on 04.06.2022, were illegal and ultra vires.
Conclusion- Held that We are given to understand that the appellant has reported for duty in Jharkhand and is serving there. Disciplinary proceedings, we are told, were under contemplation, but have not been initiated thus far. We also find that the order of suspension of the appellant impugned before the CAT is completely silent on the reasons for suspension. Moreover, we have directed the ICC to be re-constituted and issued a series of directions for conduct of inquiry, also setting out timelines in that regard. In such circumstances, we do not feel that there is any necessity for orders to be passed at this juncture, varying the services of the Appellant. Hence, and as far as the service of the appellant is concerned, let status quo be maintained till the completion of the proceedings referred to the ICC in terms of directions at paragraph 35 above, and subject thereto. The Writ Appeal and Writ Petition stand disposed in terms of this order with directions as above.
