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Supreme Court of India 2020-04-24 allowed

Nisha Priya Bhatia vs Union of India & Anr

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

This case involved Nisha Priya Bhatia, an intelligence officer at the Research and Analysis Wing (R&AW), who filed a sexual harassment complaint in 2007. After a suicide attempt that exposed her identity to the public, she was compulsorily retired under Rule 135 of the R&AW Rules on grounds of "exposure" as an intelligence officer. The Supreme Court upheld the validity of Rule 135 as a non-punitive measure not requiring Article 311 protections (inquiry and hearing). However, the Court held that pension benefits must be mandatory, computed from the date of notional superannuation. The Court awarded ₹1 lakh compensation for violation of her rights due to improper and delayed handling of her sexual harassment complaint in breach of Vishaka guidelines, affirming that fairness and due process are essential in all administrative action.

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Administrative Law Constitutional Law Civil Service Law Employee Rights Sexual Harassment at Workplace Compulsory Retirement Intelligence Services Natural Justice Fundamental Rights Pension Law

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