RIGHTS OF WOMEN AND CHILDREN is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against the Government servant, it may itself inquire into or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof. The disciplinary authority or another authority appointed by it has to follow the prescribed procedure under these rules. Since the Supreme Court in Vishaka's case has also held that appropriate disciplinary action should be initiated by the employer in accordance with the relevant service rules, the disciplinary inquiry ought to be held under Rule 14, which does not envisage appointment of a Complaints Committee. The Complaints Committee also does not have the requisite expertise required in the matter and, therefore, would not be in a position to follow the prescribed procedures under the rules. In view of the above, the letter stated that the Complaints Committee cannot be deemed to be the inquiring authority within the ambit of Rule 14(2) of the CCS (CCA) Rules, 1965. 7.32 In view of the above, the Commission sought the advice of Shri P. Chidambaram, Senior Advocate, Supreme Court of India. He has opined that there is no legal impediment to amending the Service Rules in such a manner that the inquiry conducted by the Complaints Committee be treated as a departmental inquiry. The issue was, therefore, taken up by the Chairperson of the Commission with the Minister of Law, Justice and Company Affairs for the making of suitable amendments in the CCS (CCA) Rules, 1965. A letter was also written to the DOPT. The DOPT in consultation with the Ministry of Law, Justice and Company Affairs, has once again stated, in a letter to the Commission dated 20 September 2002, that there is no need to amend the CCS (CCA) Rules or to make the Complaints Committee an Inquiring Authority in the matter. 7.33 To allay the apprehension of the Commission that the Disciplinary Authorities may not act promptly on the report / recommendations of the Complaints Committee, the DOPT has, however, issued an Office Memorandum dated 12 December 2002 to all the Ministries / Departments of the Government of India clarifying that the findings of the Complaints Committee regarding sexual harassment of the complainant / victim will be binding on the Disciplinary Authority to initiate disciplinary proceedings against the Government servant(s) concerned under the provisions of the CCS (CCA) Rules, 1965. The report of the Complaints Committee should be treated as a preliminary report against the accused Government servant. ANNUAL REPORT 2002-2003 ... ... 95 ... ... ..