F. No. 11012/5/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi — 110001
Dated August 2, 2016
OFFICE MEMORANDUM
Subject:
Central
Civil Services (Classification, Control and Appeal) Rules 1965 –
Guidelines regarding prevention of sexual harassment of women at the
workplace – regarding
Undersigned is directed to say that
following enactment of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 [SHWW (PPR) Act] and
notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW (PPR) Rules]
on 09.12.2013, the Government notified the amendments to Central Civil
Services (Conduct) Rules 1964 and Central Civil Services
(Classification, Control and Appeal) Rules, 1965. The amendments and
other salient features of the Act/ Rules was brought to the notice of
all concerned vide Office Memorandum No. 11013/02/ 2014-Estt.A-III dated
27.11.2014.
2. Section 18 (1) of the SHWW(PPR) Act, 2013 provides
that any person aggrieved with the recommendations made under
sub-section (2) of section 13 or under clause (i) or clause (ii) of
sub-section (3) of section 13 or sub-section (1) or sub-section (2) of
section 14 or section 17 or non-implementation of such recommendations
may prefer an appeal to the court or tribunal in accordance with
provisions of the service rules applicable to said person or where no
such service rules exist then, without prejudice to the provisions
contained in any other law for the time being in force, the person
aggrieved may prefer an appeal in such manner as may be prescribed.
3. In accordance with Section 18(i) of the SHWW (PPR) Act, 2013, it has
been decided that in all cases of allegations of sexual harassment, the
following procedure may be adopted:
Where a Complaint Committee
has not recommended any action against the employee against whom the
allegation have been made in a case involving allegations of sexual
harassment, the Disciplinary Authority shall supply a copy of the Report
of the Complaint Committee to the complainant and shall consider her
representation, if any submitted, before coming to a final conclusion.
The representation shall be deemed to be an appeal under section 18(i)
of the Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
4. All Ministries/ Departments/Offices are
requested to bring the above guidelines to the notice of all
Disciplinary Authorities under their control. All cases, where final
orders have not been issued may be processed as per these guidelines.
5. Hindi version will follow.
(Mukesh Chaturvedi)
Director (E)
DoPT Order
