The probe against the woman who alleged that the Chief Justice of India sexually harassed her was filled with "irregularities and violates the principles of natural justice," reported The Indian Express, quoting an officer who wanted to defend her.
The probe, which was completed in 24 hours, was conducted in the absence of the woman complainant, and she was not "given an opportunity" to defend herself, Laxman Singh Negi, a senior assistant with the Rajya Sabha Secretariat, told the newspaper.
“Her (the woman’s) husband is a college friend and I volunteered to defend her during the inquiry. At that time, I was unaware of any sexual harassment complaint. I gave my request through the complainant. And in such departmental inquiries, a government official, a lawyer, or a retired official can be a defence assistant. Unfortunately, the inquiry officer did not choose my candidature,” Negi said.
Negi alleges that he did not receive a formal notice detailing why his request was turned down.
On What Grounds Was She Dismissed
The 35-year-old complainant, in her affidavit detailing the sexual harassment allegations against CJI Gogoi, cited that she was dismissed on two grounds.
- She approached an SC official to get her seating changed.
- For being absent from duty for a day, as she had to attend her daughter's school function.
The woman was dismissed on 21 December 2018.
Rushed Inquiry?
Pointing out several discrepancies in the inquiry, Negi asked why the SC official, whom the complainant approached to change her seat, was never interrogated.
The woman had approached BA Rao, the president of Supreme Court Employees Welfare Association.
“He was also not cross-examined in the case. The allegation is that Rao made a call to influence her seating. But he was never questioned. How did they prove that charge,” Negi told the newspaper.
He also alleged that the woman was not aware of what was being recorded during the proceedings or that she did not have prior knowledge that she can list defence witnesses.
Inquiry When the Woman Was Not Present
The officer also claimed that the inquiry continued on 17 December 2018, when the woman fainted during the probe and was rushed to the hospital.
“On 17 December, when the ex-parte inquiry took place, she was present in the Supreme Court in the morning and had reported for the inquiry. But she fainted and SC officials themselves took her to RML hospital. The irony is that the inquiry officer, conducted proceedings ex-parte,” he told the newspaper.
Negi went on to add that the report was prepared on the same day, and pointed out that it was "unusual" for multiple authorities to finalise it the same day.
(With inputs from The Indian Express)
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