In a recent judgment in Aureliano Fernandes v. State of Goa and Others, (Civil Appeal No. 2482 of 2014, dated 12.05.2023), the Supreme Court has again emphasized the importance and necessity of compliance with the principles of natural justice while deciding complaints of “sexual harassment” and taking action against the guilty harasser.
Any inquiry into a complaint of sexual harassment at the workplace must be in accordance with the relevant rules and in line with the principles of natural justice, the Supreme Court has clearly stated.
“The cardinal principle required to be borne in mind is,”said the Supreme Court, “that the person accused of misconduct must be informed of the case, must be supplied the evidence in support thereof and be given a reasonable opportunity to present his version before any adverse decision is taken. Similarly, the concerned employer is also expected to act fairly and adopt a procedure that is just, fair, and reasonable. The whole purpose is to breathe reasonableness into the procedural...
