Tuesday, 30 November 2021

Conduct & Disciplinary Rules – 87 - (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 87 - (Compiled By Com Kayveeyes)



22. Sexual harassment of women in work place is punishable; Explain?

As per the provisions of rule 3 CCS (Conduct) rule 1964 amended vide Govt Notification dated 13.2.1998, sexual harassment of women in work place will not be tolerated. Here ignorance of rule cannot be cited as an excuse for indulging any kind of harassment of women. Women employees can inform their superiors or write to the competent authority nominated by the Departments.

Any form of unwelcome behaviour towards women employees can be termed as sexual harassment.

For example:

-          Passing vulgar comments on women employees,

-          Making obscene gesture, expressions or actions, writing obscene things on the walls, sending obscene letters to women employees,

-          Displaying nude or vulgar picture, calendars etc in the work place.

In charge of the office will be responsible for taking steps to prevent harassment of women in the work place by fellow employees or outsiders. He should not ignore the complaints or taken them lightly. This could some time result in action against the supervisors and in-charge of the office.

On receipt of a complaint the committee should first acknowledge it. The committee after preliminary enquiries may decide whether the case can be settled by oral warning. If so the supervisor/divisional head may be duly advised to administer an oral warning. In cases where the harassment could be ended by shifting of the harasser, as a first step should be given an oral warning after calling for his explanation. If he fails to mend his behaviour, he should be given a written warning after calling for his explanation. It would be advisable to indicate in the written warning to the harasser that he can be shifted if he does not mend his behaviour. If he still persists, he should be shifted from the office.

Complaints which are serious in nature should be investigated. The complainant may be asked to give supporting evidence. It would be appropriate to indicate nature of evidence sought for. The women employee making the complaint may also be informed that further enquiry will involve the harasser to be questioned and therefore the enquiry may not be confidential any more. If the women employee agrees the matter may be enquired into The harasser may be called for an oral hearing and he should be given a reasonable opportunity to defend himself before the committee in person if misdemeanour on his part is established apart from his shifting disciplinary action be recommended to the disciplinary authority through a report.

[Rule 3 (C) (25)]

23. What are the salient feature of the Complaint Mechanism and inquiry procedure against a Government servant who indulge in any act of sexual harassment, of any women at her work place?

1) Rule 3 C of the CCS (Conduct) rules 1964 stipulates that no Government servant indulge in any act of sexual harassment, of any women at her work place. Every Government servant who is charge of a work place shall take appropriate steps to prevent sexual harassment to any women at such work place. “Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise as

- Physical contact and advances;

- Demand or request for sexual favours;

-  Sexually colored remarks;

- Showing any pornography; or/

- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

2) Whether or not such conduct constitutes an offence under law or a beach of the service rules an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such compliant mechanism should ensure time bound treatment of complaints.

3) The complaints mechanism should be adequate to provide, where necessary, a complaints Committee or other support service, including the maintenance of confidentiality.

i. The complaints Committee should be headed by a woman and not less than half of its member should be women. Further to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with issue of sexual harassment.

ii. The Compliant Committee must make an annual report to the Government department concerned of the complaints and action taken by them

iii. The employers and person-in-charge will also report on the compliance with aforesaid guidelines including on the reports the Complaints Committee to the Government department.

iv) The Committee constituted for redressal of the complaints by the victims of sexual harassment should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations. v) The Complaints Committee established in each Ministry or Department or offices for inquiring into complaints of sexual harassment shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints, the inquiry, as fart as practicable in proviso was added to Rule 14 (2) of the Central Civil Services Rules, 1965 to this effect.

vi) It may be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee be also posted on the websites of the concerned Ministries/ Departments/ Offices concerned.

(G. I Dept. of Per & Trg, O.M. No. 11013/3/2009- Estt (A) dated 21-7-2009) 


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