Sexual Harassment at workplace is an affront to the fundamental rights of a woman

Lisa Coutinho | Pravin Gandhi College of Law | 15th March 2020

Punjab and Sind Bank and Ors. v. Durgesh Kuwar. Civil Appeal No. 1809 of 2020.

The case involves the intersection of service law with fundamental constitutional precepts about the dignity of a woman at her workplace.

Facts of the case:

A senior woman officer of Punjab and Sind Bank, who was holding the office of Chief Manager in Scale IV in the Indore branch was transferred to the branch office at Sarsawa in the district of Jabalpur. She made a request for being retained at Indore. By issuing a writ petition under Article 226 of the Constitution before the High Court of Madhya Pradesh, she challenged the transfer order based on the following allegations. Firstly, she had submitted detailed reports to the zonal manager about grave irregularities which were hazardous to the interest of the bank and also about the corruption at her branch. But instead of rectifying the irregularities, she was being pressurized to cover the misdemeanors. Secondly, she complained against the zonal officer who sexually harassed her. The High Court of Madhya Pradesh allowed the writ petition and quashed the order of transfer. Aggrieved by the judgement, the Bank approached the Supreme Court.

Issues raised:

1. To determine the validity of the transfer order in the present case.
2. Whether the order of the High Court quashing the order of transfer can be sustained.

Judgement:

The Supreme Court, while examining the validity of the transfer order noted that administrative circulars and guidelines are indicators of the manner in which the transfer policy has to be implemented. However, an administrative circular may not in itself confer a vested right which can be enforceable by a writ of mandamus. Unless an order of transfer is established to be malafide or contrary to a statutory revision or has been issued by an authority not competent to order transfer, the Court in exercise of judicial review would not be inclined to interfere.

With regard to the allegations of sexual harassment levelled against the zonal officer, the Court made observations of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and said that sexual harassment at workplace is an affront to the fundamental rights of a woman to equality under Articles 14 and 15 and her right to live with dignity under Article 21 of the Constitution as well as her right to practice any profession or to carry on any occupation, trade or business.

While disposing the case, the Court directed that Ms. Durgesh Kuwar, the respondent shall be reposted at the Indore branch as a scale IV officer for a period of 1 year. Upon expiry of the said period, if any administrative exigency arises, the competent authority of the bank will be at liberty to take an appropriate decision in regard to her place of posting independently in accordance with law keeping in view the relevant rules and regulations of the bank. The Court also said that she will be entitled to costs quantified at Rs. 50,000.