Madras high court slams Railways for failure to act against sexual harassment at workplace

CHENNAI: After over two-decades of legal battle, the Madras high court declared that a woman employee of the Railway Employees’ Cooperative Society in Chennai had suffered sexual harassment at workplace and that the management failed to take appropriate action at all stages.

“The disciplinary proceedings initiated against the employee are victimisation and fallout of the employee who had chosen to question the sexual harassment before all the authorities and pursue the same aggressively,” Justice D Bharatha Chakravarthy said.


The court then declared that the charge memos issued against the woman employee in 2003 and 2004 were deemed to be lapsed and, consequently, her period of suspension from service since March 12, 2004, must be treated appropriately.

“The employee will be deemed to be retired from service, with effect from her date of superannuation on May 31, 2023, and all her retirement benefits shall be paid, with further 6% interest per annum from May 31, 2023, till the date of payment. The amount shall be disbursed within eight weeks,” the judge said.

The court passed the common order on a batch of pleas moved by the employee and the management of the society. The woman joined the society in 1994. In 1998, J Nagakesari, an assistant secretary of the society, started sexually harassing her. Initially, she feared complaining due to his authority and made an oral complaint to the chairman of the society.

Though actions were initiated against Nagakesari temporarily, they were revoked and he was reinstated with all the administrative powers. Aggrieved by the continuous humiliation and harassment, she filed complaints with the National Commission for Women (NCW), the State Commission for Women, the Human Rights Commission, the police, and the chief minister’s cell.

The then NCW, in which Nirmala Sitharaman (present Union finance minister) was a member, concluded that the woman was subjected to sexual harassment by Nagakesari and recommended suspension from service and disciplinary proceedings against him.

Subsequently, multiple charge memos were issued against the woman, and she was placed under suspension in 2004.