Is the victim of sexual harassment can be transferre purposefully
Is there any immunity for the victim against the transfer?
I am a victim of sexual harassment at workplace. Being a witness to this horrific incident the then CEO immediately ordered a preliminary inquiry by a lady officer. She found prima facie evidence after collecting witnesses from various participants in the meeting and submitted a report recommending further action. Based on this report, the then CEO ordered suspension of the culprits and also instructed for major penalty charge sheets against the culprits for various misconducts and inquiry is going on in this regard. Parallelly, the case was also referred to the Internal Complaints Committee constituted as per the law on sexual harassment of women employee at work place (Prevention, Prohibition and Redressal Act). After a thorough preliminary inquiry the committee found prima facie evidence against the perpetrators of sexual harassment at the workplace. During the inquiry, as an interim relief,(i) the victim, requested transfer of the culprits to faraway places from my place of work, which is my right according to the act on sexual harassment.
Taking my request into consideration, the committee recommended the transfer of these culprits. Accepting the report of the committee and considering all the above facts the then CEO transferred these culprits to places away from Trivandrum that is to Malappuram, Kannur and Calicut districts. Subsequently, new CEO took over the charge . However, these people have exerted tremendous pressure on the Corporate office, and the current CEO, through their political masters and got their suspensions revoked, even though the original suspension orders very clearly stated that these officials must be kept under suspension during the inquiry process, in order to prevent any such further misconduct by these miscreants. Their posting on deputation at Trivandrum, is against the principles of natural justice and also puts me and my women colleagues (who are the strong witnesses to the said incident) in danger.
The present administration has manipulated the transfer orders and got posted all these culprits back to Trivandrum, the very city where I am working, that too on deputation, even while the inquiry process is continuing. This will, not only intimidate me but also the witnesses against these culprits because these goondna elements are very powerful politically and are in the habit of threatening the employees and even the CEO. Hence keeping them away from Trivandrum is absolutely essential.
Whether the current CEO has the authority to modify the orders of his predecessor as per law.
Now the administration also dropped the charges framed against the culprits there by diluting the entire process except the charge of harassment. Now they transferred me because of the pressure from the side of Culprits. Can i go to court to cancel the transfer order and to reinstate me. As a victim is it not the responsibility of the employer to protect me mentally. In the previous post I was comfortable.Am I having any immunity against transfer?