False Sexual Harassment Complaint Justifies Disciplinary Action Against Complainant

The applicant, Ms. Pratishtha Kulshreshtha, a Trained Graduate Teacher (Sanskrit) at PM Shri Kendriya Vidyalaya Bhind, alleged repeated sexual harassment by Respondent No. 4, Mr. Ajay Kumar Saxena, the Principal.

She claimed he misused his position by making her conduct classes in his chamber, made sexually colored remarks, attempted physical contact, and threatened her after she refused to move into school premises.

The applicant filed multiple complaints with various authorities, including the Mahila Evam Bal Vikas Department, the Deputy Commissioner, KVS Bhopal, the NHRC, and the SHO, Thana Dehat, Bhind.

On 27.01.2025, an inquiry by four staff members from the Bhopal Regional Office was conducted, but the applicant claimed it lacked fair process and transparency.

She subsequently filed a Writ Petition (W.P. No. 4389/2025) before the Hon'ble High Court of Madhya Pradesh, which was disposed of on 13.02.2025, directing the competent authority to decide her complaint.

Dissatisfied, she filed Writ Appeal No. 723/2025, which the Hon'ble Division Bench allowed on 26.03.2025, directing compliance with the law.

Meanwhile, the respondents stated that student's parent, Shri S.B.R. Singh, lodged complaints against the applicant on 04.11.2024 and 07.12.2024, alleging she was in continuous contact with his son, taking gifts, and brainwashing him.

An inquiry committee, constituted by Respondent No.3 with the approval of the District Collector, Bhind, investigated these complaints on 11.12.2024 and found contradictory statements, concluding the academic atmosphere was adversely affected.

Subsequent to the applicant's sexual harassment complaint (received 20.12.2024), an Internal Complaints Committee (ICC) was constituted at KVS, Regional Office, Bhopal on 21.01.2025.

The ICC inquired on 27.01.2025, examining the applicant, Respondent No. 4, and 14 other teachers/employees.

The ICC report dated 10.02.2025 found the allegations against Respondent No. 4 false and recommended disciplinary proceedings against the applicant.

A copy of this report was sent to the applicant and Respondent No.4.

Following the ICC report and recommendations, Respondent No. 3 issued a show cause notice (Memorandum No. F. 14062/28-4/2025/KVS/Bhopal/363-65) dated 03.04.2025 to the applicant, asking why disciplinary action should not be initiated against her.

The applicant filed another Writ Petition (No. 15649/2025), which was withdrawn with liberty to approach the Central Administrative Tribunal.

Additionally, the Department of Women and Child Development, Bhind, also inquired into the applicant's complaint and submitted a report on 04.06.2025, finding her complaint "baseless".

1. Whether the charge memorandum dated 03.04.2025 (Annexure A/1) and order dated 04.03.2026 (Annexure A/2) issued to the applicant should be quashed.

2. Whether directions should be issued to the respondents for a fresh and fair inquiry into the applicant's sexual harassment complaint, in compliance with the Hon'ble High Court's order in W.A. No. 723/2025.

3. Whether the findings of the Internal Complaints Committee (ICC) and the Department of Women and Child Development, Bhind, that the applicant's sexual harassment complaint was false and baseless, were valid, justifying disciplinary action against her.

The court primarily applied Section 14 under Chapter V of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which mandates punishment for false or malicious complaints and false evidence.

It also referenced the Central Civil Services (Classification, Control and Appeal) Rules, 1965, specifically Rule 3(1)(i), 3(1)(iii), and 3(1)(vi) of CCS (Conduct) Rules 1964, and sub-Clause 34(a)(i) and 34(a)(iii) of Article 59 of KVS Education Code, which outline conditions for disciplinary action against employees.

The court noted that the applicant had approached multiple forums simultaneously regarding her sexual harassment complaint.

An Internal Complaints Committee (ICC) was duly constituted by KVS, Regional Office Bhopal, which conducted a detailed investigation, questioning the applicant, Respondent No. 4, and fourteen other teachers/employees.

The ICC report of 10.02.2025 found the applicant's charges against Respondent No. 4 to be false and recommended disciplinary action against her for making a false complaint.

Concurrently, an inquiry committee appointed by the Department of Women and Child Development, Bhind, at the applicant's request, also investigated the same complaint.

This committee, after recording statements and finding no cogent evidence from the applicant, concluded that the allegations were "baseless" and "remained unsubstantiated".

Given that both independent committees concluded the applicant's complaint was false and baseless, the court reasoned that the respondents' action in issuing the charge memorandum to the applicant for violating CCS (Conduct) Rules, 1964, read with KVS, Education Code, was without infirmity.

The court found no merit in the applicant's contention for a fresh inquiry when two inquiries had already concluded her allegations were unfounded.

It dismissed the application, holding that there was no infirmity in the respondents' action of issuing the charge memorandum to the applicant, as both the Internal Complaints Committee and the Inquiry Committee appointed by the Department of Women and Child Development, Bhind, had found her complaint of sexual harassment to be false and baseless, in line with Section 14 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The interim relief granted earlier was vacated.