Aishwarya Rathore-
Staying the transfer of a Commandant at Central Reserve Police Force (CRPF), the Delhi High Court observed that, “The principles which apply to the security of tenure of Judges and Presiding Officers of various quasi-judicial tribunals, also apply to Members/Presiding Officers of Internal Complaints Committee (ICC).
Before the three years time-span, a Commandant, CRPF, Dwarka, who was also appointed as the Presiding Officer of the Sector Level Internal Complaints Committee (ICC) of Northern Sector in connection with sexual harassment of women at work, was transferred from Dwarka (Delhi) to Greater Noida (NCR/UP).
The petitioner had returned findings not only against the individual against whom a particular sexual harassment complaint was made but, also against another Senior Officer (DIG). Therefore, the actual motive for the transfer was to remove the petitioner as the Presiding Officer of the ICC.
Prima facie, the Court observed that “The Presiding Officers and Members of ICC, are also ‘Judges’ within the meaning of Section 19 of the Indian Penal Code (IPC) and thus, they should have the security of tenure.”
The Court further stated, “If one of the considerations for transfer was the factum of the petitioner in her report of the ICC having named the DIG, then the matter certainly requires consideration.”
Finally, the Court issued notice to the CRPF, directing it to make a decision on the petitioner’s representation within one week, based on the Court’s observations, and convey it to the petitioner.
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