In a recent case with far-reaching consequences, the Delhi High Court has stated that sexual harassment at the workplace also includes such acts committed outside the physical office premises.
In Saurabh Kumar Mallick v Comptroller & Auditor General of India & Anr, Mallick, the director (administration) of National Audit and Accounts Service in Shimla, was allegedly drunk when he entered the room of a female officer in Glen Officer’s mess and sexually assaulted her in 2007.
Subsequent to the filing of a first information report (FIR) by the female officer, and the reporting of information gathered by senior officials about the alleged misconduct, disciplinary proceedings on the charge of sexual harassment at the workplace were instituted. An enquiry committee was appointed, and Mallick was placed under suspension with immediate effect. A criminal case was also instituted.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in, lbhasin@vsnl.com or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
