Justice N Sathish Kumar, who had initially granted an interim stay in the execution of the Commission’s order, set it aside after holding that there was no material available to show that the woman raised allegations to the college management, except a copy stated to have sent to the Coimbatore Police Commissioner, that too after the criminal investigation commenced against her son.
Following some misunderstandings between her and her superior, she was changed to some other post in a consolidate pay, the court noted, holding every such instance could be termed as sexual harassment without showing any instances leading to it.
The court noted that the petitioner’s document shows she never raised any such complaint. Therefore, the allegation that she was subjected to sexual harassment at the hands of the former principal which resulted her losing job was not made out.
Remarking that it was at a loss to understand how the Commission passed such order without proper enquiry and evidence, the court said: “At any event, the very conduct of the procedure by the chairperson alone without the body of members constituted as Commission itself against the provision of the Act.”
Holding that the Act governing the Commission made it clear that it can only recommend to the appropriate authority when a prima facie case is made out, the court held, “The order directing the college to pay huge damages is certainly liable to be interfered and not maintainable and against the very statue under which the Commission was constituted.
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