Delhi High Court - Orders
Union Of India & Anr vs National Human Rights Commission & Anr on 19 April, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:22.04.2021
18:12:00
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4745/2021 & CM APPL. 14621/2021
UNION OF INDIA & ANR. ..... Petitioners
Through: Mr. Manu Bhasker, Advocate.
versus
NATIONAL HUMAN RIGHTS COMMISSION & ANR.
..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.04.2021
1. This hearing has been done through Video Conferencing.
2. The present writ petition has been filed by the Union of India, through Secretary (Revenue), challenging the impugned order dated 3rd September, 2019, passed by the National Human Rights Commission. Mr. Manu Bhasker, ld. Counsel, submits that the admitted position is that the order was initially sent to the wrong email id, and was finally served upon the correct department only on 18th February, 2021.
3. The case of the Petitioner is that the matter before the NHRC is in the area of service law. The Respondent No.2 has been awarded a compensation amounting to Rs.25,000/- by the NHRC, holding that the Department is vicariously liable for the action of its employee- Mr. V.S. Negi, who had shown unbecoming conduct towards the Respondent No.2. The said Officer was already awarded a penalty of censure, but vide the impugned order, W.P.(C) 4745/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:22.04.2021 18:12:00 compensation has been awarded without conducting an enquiry. Ld. counsel for the Petitioner submits that the jurisdiction of the NHRC itself is suspect in this matter.
4. The impugned order passed by NHRC reads as under:
"The Commission has perused the reply to the show cause notice and re-examined the report of Dy. Director of Income Tax (S) (Hq) (Admn.), New Delhi dated 06/06/2018 based on which the show cause notice was issued. The Commission observes that though the Internal Complaints Committee has not conclusively proved the charges against the complainee, the Committee has awarded the penalty of 'censure' to Shri V.S.Negi for his conduct of unbecoming of a Government employee. However, the award of compensation of Rs.25,000/- being recommended by the Commission to the complainant Smt.Madhuri is for the violation of her human rights, as being a female employee, whether contractual or regular, she has a right to work with dignity at her work place. The State is vicariously liable for the action and inaction of its employees. Commission thus confirms the show cause notice and recommends for payment of an amount of Rs.25,000/- to the complainant Smt.Madhuri for violation of her human rights. The Principal Chief Commissioner of Income Tax, Delhi, Central Revenue Building, I.P.Estate, New Delhi is directed to submit the compliance report along with proof of payment to the Commission within six weeks."
5. A perusal of the impugned order shows that in the reply to the show cause notice, it was clearly mentioned by the Department, that the Internal Complaints Committee had held that the charges were not proven against the complainee, and the Committee had yet awarded a penalty of 'censure' to W.P.(C) 4745/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:22.04.2021 18:12:00 the said Officer. However, the NHRC, vide the impugned order, has, by merely holding that the state is vicariously liable for the action of its employees, awarded a compensation amounting to Rs. 25,000/-.
6. There are several legal issues that are raised in this matter. Accordingly, issue notice to the Respondents. Let the counter affidavit be filed by the Respondents within 4 weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
7. In the meantime, there shall be stay of the impugned order passed by the NHRC.
8. List on 18th August 2021.
PRATHIBA M. SINGH, J APRIL 19, 2021 dj/ak W.P.(C) 4745/2021 Page 3 of 3