D.S. GREWAL versus VIMMI JOSHI & ORS.

D.S. GREWAL versus VIMMI JOSHI & ORS.

Army authorities failed to constitute a complaint committee as required by Vishakha guidelines and to provide a mechanism for redress of sexual harassment complaints; High Court erred in opining sexual harassment without due enquiry; Supreme Court directs constitution of three-member committee headed by a lady to enquire the complaint and, if found true, Army authorities must initiate disciplinary action.

Parties
Appellant: D.S. Grewal; Appellant: Col. Hitendra Bahadur; Respondent: Vimmi Joshi; Appellant: Army Welfare Education Society, School Managing Committee and others
Jurisdiction
India
Judgment Date
17 December 2008
Procedural Posture
Civil Appeal / Final Disposition of Appeal From High Court Order
Outcome
Appeals disposed
Legal Topics
Sexual Harassment at Workplace, Termination of Employment, Compliance With Supreme Court Guidelines, Disciplinary Proceedings
Service Law Constitutional Law Sexual Harassment at Workplace Termination of Employment Compliance With Supreme Court Guidelines Disciplinary Proceedings

Case Brief

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Parties

D.S. Grewal

Appellant

Col. Hitendra Bahadur

Appellant

Vimmi Joshi

Respondent

Army Welfare Education Society, School Managing Committee and others

Appellant

Procedural Posture

Civil Appeal / Final Disposition of Appeal From High Court Order

Legal Issues

  1. 1 Whether the termination of respondent no. 1 amounted to retaliation for alleging sexual harassment
  2. 2 Whether Army Authorities complied with Supreme Court guidelines laid down in Vishakha regarding disciplinary action and complaint committee

Ratio Decidendi

Army authorities failed to constitute a complaint committee as required by Vishakha guidelines and to provide a mechanism for redress of sexual harassment complaints; High Court erred in opining sexual harassment without due enquiry; Supreme Court directs constitution of three-member committee headed by a lady to enquire the complaint and, if found true, Army authorities must initiate disciplinary action.

Court Disposition

Appeals disposed

Orders

  • High Court to appoint Three Members Committee headed by a Lady to enquire into the complaint of sexual harassment; if writ petitioner is found to be subjected to sexual harassment, report to be sent to Army Authorities for disciplinary action against appellants.
  • Army Authorities to bear all expenditures incurred in this regard.