The Delhi High Court has ordered the reinstatement of a probationary employee at the Sahitya Akademi who was terminated for lodging a sexual harassment complaint against the institution’s secretary. 

Justice Sanjeev Narula ruled the woman’s termination to be retaliatory and said the Akademy’s action “reeked of mala fides” and violated the Prevention of Sexual Harassment at Workplace Act, 2013 (PoSH Act).

The Court quashed the termination order of February 14, 2020 and directed that the woman be restored to her post with continuity of service, full back wages and consequential benefits. 

“Viewed cumulatively, these circumstances demonstrate that the Petitioner’s termination was not a bona fide exercise of administrative discretion but a classic case of colourable exercise of power. An ostensibly lawful authority, to discharge a probationer, was invoked for an impermissible and retaliatory purpose: to stifle a legitimate complaint of sexual harassment and shield the Secretary from scrutiny. This amounts to malice in law. Equally, the sequence of coercion, retaliatory steps, and procedural improprieties establish malice in fact. The Discharge OM is, therefore, unsustainable and liable to be set aside,” Justice Narula held. 

Justice Narula further criticised the Akademi for resisting external scrutiny and siding with its official instead of ensuring a safe workplace. 

“Institutions such as the Akademi shoulder not only administrative obligations but also a responsibility to exemplify the creation of safe and dignified workplaces. Rather than perceiving the LCC’s role as intrusive, the Akademi could have treated it as an opportunity to ensure transparency and restore faith among its employees and the public at large,” the Court underscored in its August 28 order.

Notably, the High Court redacted the names of the institution as well as the complainant-woman and the secretary in the judgment uploaded on its website.

The woman, who was appointed on probation in 2018 by the Akademi, alleged persistent harassment by the secretary including sexual advances and threats of dismissal if she did not comply.

In November 2019, she emailed the Akademi’s Executive Board about harassment. The President forwarded it to the Internal Complaints Committee (ICC). The same month, she formally filed a complaint before the Local Complaints Committee (LCC) under the PoSH Act. In December and January 2020, the LCC found a prima facie case and granted her interim relief of three months’ paid leave. 

However, on January 14, 2020, ICC issued an ex parte report, closing the inquiry and rejecting and rejecting the woman’s reasons for non-participation. 

On February 14, 2020, the Akademi terminated her probation. 

After considering the case, the High Court ruled that the timing and manner of her dismissal, while her complaint was pending, demonstrated clear retaliation. 

Therefore, it declared the ICC report to be void and asked the LCC to proceed with the woman’s sexual harassment complaint. 

It held that the secretary qualified as an ‘employer’ under the PoSH Act. Therefore, the complaint rightly lay before the LCC and not the Akademi’s internal panel, the Court said. 

Senior Advocate Ritin Rai with advocates Shreya Munoth, Sitamsini Cherukumalli and Khush Aalam Singh appeared for the complainant woman. 

The Akademi was represented through Senior Advocate Geeta Luthra as well as advocates Abhishek Aggarwal, Prashansika Thakur and Ishita Agarwal. 

Advocates Ashish K Dixit, Shivam Tiwari, Urmila Sharma and Deepika Kalra represented the secretary. 

Advocates Tushar Sannu and Pravin Kr Bansal appeared for the GNCTD.