Pachauri sexual harassment case: Complainant moves industrial tribunal challenging stay on TERI report

New Delhi: A woman employee of TERI, who has accused its chief R K Pachauri of sexually harassing her, on Wednesday moved an industrial tribunal saying its order staying the report of TERI’s internal complaints committee (ICC) in connection with her complaint, should be set aside on grounds of lack of jurisdiction. The woman in her application submitted that the industrial tribunal does not have jurisdiction to hear Pachauri’s appeal under the Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act. [caption id=“attachment_2428164” align=“alignleft” width=“380”]  Image courtesy: AFP[/caption] Raising the issue of jurisdiction of the tribunal, the counsel sought to set aside its May 29 order that the operation of ICC’s report shall remain stayed. “… the respondent no. 3 (woman) states that this court does not have the jurisdiction to hear the appeal filed by the appellant (Pachauri) under the Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act,” the plea said. The application was filed in the matter in which Pachauri has sought setting aside of findings of TERI’s ICC report on the woman’s complaint. Another plea filed by the woman seeking to vacate stay granted by the tribunal on the ICC’s findings is also pending before it. The Tribunal’s Presiding Officer fixed October 17 for arguments on the pleas. Pachauri had filed an appeal before the tribunal against the ICC’s report contending that he was not given opportunity to defend himself or present his case, which was a violation of the procedures for conducting enquiries as laid down in the Sexual Harassment of Women Act. On July 17, Pachauri was allowed by a Delhi court to enter his office, premises except the head office here and a branch in Gurgaon. On February 13, an FIR was registered against Pachauri on charges of sexual harassment under IPC sections 354, 354(a), 354(d) (molestation) and 506 (criminal intimidation). Pachauri had moved the trial court for relief following the direction of the Delhi High Court, which had on February 19 given him interim protection from arrest till February 23. PTI