Madras HC orders status quo on department proceedings against Special DGP

Justice V Parthiban issued the direction while hearing the suspended officer’s plea challenging the Internal Complaints Committee (ICC) that probed the complaint of sexual harassment, alleging that some of the committee members were biased against him and that witnesses’ statements were not given to him.

But it its additional counter, the Home Department prayed the court to dismiss Das’s petition.

“After the woman officer lodged the complaint, the Home Department constituted an internal complaints committee on February 24. As per its findings, prima-facie is available against the suspended IPS officer. Therefore, a detailed inquiry was ordered for taking action under Section 8 of All India Services (Discipline and Appeal) Rules, read with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Subsequently, departmental proceedings were initiated against Rajesh Das on May 25,” the department said.

Filing the ICC report in a sealed cover, Advocate General R Shunmugasundaram pointed out that the IPS officer had already faced department actions twice for various reasons in 2002 and 2006. “No exemption can be shown to the petitioner from facing the enquiry,” the AG argued.

The AG added that as the ICC has the power of a tribunal, naming it as a respondent in the petition could not be maintained. However, Justice Parthiban rejected the contention stating that the committee should be a respondent because the petitioner has levelled charges against it.

The judge then said final arguments would be heard on January 5, and directed the department to maintain status quo till then.