The Supreme Court has refused to vacate stay on the proceedings of sexual harassment case against senior official of KPMG (India) by an inquiry committee of the Maharashtra State Commission for Women (MSCW).
The apex court had earlier stayed the proceedings of MSCW, which had summoned CEO of global consultancy firm Russell Parera on alleged sexual harassment at workplace by a former KPMG director.
An employee had filed a sexual harassment case with the National Commission for Women (NCW) alleging that she received objectionable e-mails and was subject to obscene and vulgar language by her seniors. She had sued her senior colleagues, including KPMG (India) senior partner and head of its financial services Vikram Uttam Singh for sexual harassment.
A Bench headed by Justice RV Raveendran while dismissing the application observed: ??It is open to the petitioner to bring to the notice of the Bombay High Court that there is a request of this Court to dispose of the matter expeditiously.??
The court had in April last year asked the HC to decide on the matter within six months and had also directed that the interim order to continue till the final disposal of the matter. While seeking vacation of the stay, the employee had in her fresh application stated that the time granted to the HC by the SC had expired in October 2009 and KPMG having obtained the stay order, on allegations of bias against the members of inquiry panel whose term had already expired in 2008, may try to drag the matter.
The SC had stayed the proceedings after the firm had expressed apprehensions of unfair decision as there was clear bias against it. KPMG had stated the panel had no jurisdiction to look into the matter and had been constituted in violation of laws laid down by the apex court in the Vishaka case.
The firm had stated that there was clear bias against it as the panel members had attended a workshop where they had commented against the company.
The woman had also alleged that she was denied promotion and despite repeated complaints the KPMG did nothing to defuse the ??hostile environment??.
However, KPMG in defence had stated that the employee was not comfortable working as part of the team, which resulted in friction between her and her colleagues, including superiors and subordinates.
While the NCW was seized of the matter in Delhi, the woman chose not to appear, thus, forcing the NCW to remit the matter back to MSCW, it said.
The HC had also quashed the FIR lodged against the company on the ground that no offence was made out.