Delhi High Court finds NCC director general guilty of contempt of women officer in POSH case Delhi News

After the woman approached the High Court claiming that the DGNCC had failed to comply with the court’s earlier order on the same matter, Justice Manoj Jain recorded that the DGNCC had “deliberately and willfully disobeyed” its order in February.

“… the DGNCC’s decision in the petitioner’s case raises concerns about bias. This is because the DGNCC supervised the Internal Complaints Committee (ICC) and justified its own decisions in the appeal letter dated 10.04.2024. Further, the petitioner has been denied a fair hearing, and their representation has not been considered by the DA (Disciplinary Authority). This omission is a matter of concern, as the DA’s role is critical in ensuring a fair and impartial process under the POSH Act. Therefore the impugned judgment sent vide letter dated 10.04.2024 is invalid in law,” the court said.

“To absolve itself of contempt”, the court directed the DGNCC to send the petitioner’s representation to the DA, i.e. Ministry of Defence, and decide after giving him an opportunity to be heard within three weeks from the date of his representation. order

In the event that the court does not comply with the current order, the DGNCC “must appear before this court for a hearing on the punishment or quantum of punishment as per law.” It also asked for a compliance report by February 1, 2025.

On February 12 this year, aggrieved by the findings and recommendations of the Internal Complaints Committee (ICC), the woman officer had approached the Delhi High Court seeking quashing of the ICC’s supplementary recommendations.

While he withdrew the petition a day later as an alternative remedy was available under the provisions of the POSH Act, he filed a second petition on February 14 after the DGNCC gave no concrete response to his representation.

On February 19, the Delhi High Court directed the DGNCC to consider the appeal under Section 18 of the POSH Act and directed them to refer the appeal to the Appellate Authority constituted under the Central Civil Services (Classification, Control and Appeals). Rules.

In her contempt petition, the woman alleged that the DGNCC failed to comply with the court’s February order, “and instead, issued a completely irrelevant and insulting response, as exemplified by their communication dated 10.04.2024, which is allegedly unrelated have addressed the matters in the specific directions of this Court.

He also pointed out that the DGNCC itself has chosen to act simultaneously as the DA and the Appellate Authority (AA) to deal with his case, while the rules state that the Ministry of Defense is the DA and serves as the President of India. AA for redressal of POSH complaints. It is also said that he was not given an opportunity to be heard.