Sexual harassment case: Delhi tribunal dismisses appeal against ICC's findings against R K Pachauri

A Delhi tribunal has dismissed 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.

A Delhi tribunal has dismissed 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.

The tribunal also observed that a man should know the difference amongst explicit consensus by woman and her explicit "no" or her implied consent.

Industrial Tribunal Presiding Officer Ajay Goel made the observations while dismissing the appeal filed by Pachauri's legal representatives, 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.

The tribunal noted the emails and messages between Pachauri, who passed away in 2020, and the complainant, which was relied upon by the ICC. It said the conversation showed her 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 order passed on July 3.

"The clear picture which emerges is that a 'man' should know the difference amongst explicit consensus by woman and her explicit 'no' or her implied consent. In the present matter, the whole conversation and evidence points towards nothing but to the fact that appellant (Pachauri) was thrusting on the complainant which was not at all appreciated by 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.