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The Tribunal was dealing with an appeal filed by Pachauri, who had alleged that the ICC findings were abuse of principles of natural justice, claiming that the inquiry was conducted in predetermined and haste manner.
A Delhi Tribunal has rejected an appeal filed against the findings of TERI's Internal Complaints Committee (ICC) confirming the allegations of sexual harassment levelled by one of its female employees against its former chief R K Pachauri.
Industrial Tribunal Presiding Officer Ajay Goel observed that a man should know the difference amongst explicit consensus by woman and her explicit "no" or her implied consent.
The Tribunal was dealing with an appeal filed by Pachauri, who passed away in 2020, alleging that the ICC findings were an abuse of principles of natural justice, claiming that the inquiry was conducted in predetermined and haste manner.
Through the appeal, it was claimed that Pachauri and the complainant "shared a very cordial and respectable relationship". It alleged that the woman filed the complaint after he refused to assign her work since she was not able to give her 100 percent.
The Tribunal noted that the emails and messages between Pachauri, and the complainant, which was relied upon by the ICC, showed complainant's physical and mental exploitation by the former TERI (The Energy & Resource Institute) chief, and despite expressing her discomfort and disinterest, he continued to send her messages.
“It is clear that the appellant was misusing his designation and his behaviour was causing discomfort and harassment to the complainant”, the Tribunal observed in its July 3 order.
The Tribunal said that in the present case, the whole conversation and evidence pointed towards nothing but to the fact that the appellant (Pachauri) was thrusting on the complainant which was not at all appreciated by the complainant.
"No other way was left with the complainant as to how to show her trauma and she has rightly taken the shelter of the impugned Act (Sexual Harassment of Women at Workplace Act). If it was the consent of complainant, she would never had come forward with the complaint," it said.
“The words used by the appellant clearly shows the sexual harassment of complainant which were not to the liking of the complainant. The appellant was at a very good position and should have been extra vigilant in his conduct. He should have been setting example in the institution but to the contrary, he had rather violated the dignity of the woman by committing sexual harassment which cannot be ignored by the court and cannot be endorsed," the Tribunal said.
The Tribunal further said that sexual harassment was the expression of unhealthy human relationships. “It is not just the violation of dignity, right to social security and right to equality guaranteed to human beings in every social system but it is also a violation of right to life and peaceful existence guaranteed by law. It is a universal problem and its gravity is felt by all concerned around the world," it said.
On February 14, 2020, Pachauri died after prolonged cardiac ailment while the sexual harassment case was pending before a Delhi Tribunal.
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