Apparel Export Promotion Council V. A.K. Chopra, AIR 1999 SC 625

Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625

FACTS IN BRIEF

The respondent was removed from his post as an employee of the appellant council
after the relevant disciplinary authorities found him guilty of sexually harassing X, a junior female
employee. He filed a writ petition before the High Court challenging his dismissal. A single judge allowed
the petition, finding that the respondent’s dismissal was unjustified on the grounds that he had only tried
to molest X, and had not actually established any physical contact with her. The appellant was ordered to
be reinstated. This was upheld by a ‘Division Bench’ of the High Court. This judgment was challenged by
the dismissing organization.

JUDGMENT

The Supreme Court held as follows:

1. In the absence of procedural irregularity, the High Court was wrong to interfere with the findings
   of fact recorded by the disciplinary authorities and with the punishment that they had imposed.
   It is a well-settled principle that, in exercising the power of judicial review, the court is not
   concerned with the correctness of findings of fact which are reasonably supported by evidence,
   but with the decision-making process itself.
2. Sexual harassment is a form of sex discrimination projected through direct or implied unwelcome
   sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual
   nature. It is exacerbated when submission to or rejection of such conduct by the female employee
   may affect her employment, unreasonably interfere with her performance at work and create an
   intimidating or hostile working environment for her.
3. Each incident of sexual harassment in the workplace is incompatible with dignity and honour
   of women and violates the fundamental rights to equality, life, and liberty. In this case, the Apex
   court observed;
   “Each incident of sexual harassment at the place of work results in violation of the fundamental right to
   gender equality and the right to life and liberty are the two most precious fundamental rights guaranteed
   by the Constitution of India. The contents of the fundamental rights guaranteed in our Constitution are of
   sufficient amplitude to encompass all facets of gender equality, including prevention of sexual
   harassment and abuse and the courts are under a constitutional obligation to protect and preserve those
   fundamental rights. That sexual harassment of a female at the place of work is incompatible with the
   dignity and honor of a female and needs to be eliminated and that there can be no compromise with such
   violations, admits no debate.”
4. Rejecting outright the stand taken by the High Court, the Supreme Court held that the
   respondent’s behaviour did not cease to be outrageous for want of physical contact and the
   observations made by the High Court to the effect that the respondent did not actually
   because he did not establish such contact with her, which was highly unacceptable.
5. Consequently, the Apex Court held that the respondent’s conduct offended against morality.
   decency and X’s modesty. It constituted an act unbecoming of good conduct and behaviour
   expected from a superior employee and undoubtedly amounted to sexual harassment. Therefore,
   any reduction in punishment was bound to have a demoralizing effect on female employees and is
   a retrograde step.

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