ORDER :

1. Heard Ms. Nisha Priya Bhatia, petitioner-in-person, and Mr. Ranjit Kumar, learned Solicitor General along with Mr.Sudhir Walia, learned counsel for the respondents.

2. Though many a relief has been prayed for in the writ petition, yet the petitioner appearing in person has addressed us as regards the justifiability of the issuance of the press note dated 19.8.2008 it is contended by her that the Press Information Bureau, Government of India could not have issued such a press note and definitely the nature of the press note affects and offends the individual dignity of a citizen especially when the petitioner was a Class-I officer working in RAW.

3. It is further urged by the petitioner that she had made complaints with regard to sexual harassment from time to time and certain committees had been established to enquire into it, but they did not give any kind of fruitful results. We intend to make it clear that we are not going to comment on the findings recorded by the Committees established by the Union of India on the lines of Vishaka guidelines and the finding returned by them in praesenti. The grievance that was highlighted by the petitioner is that the existence of the press note has caused immence harassment to her and also to her two daughters who are 26 and 23 years old.

4. Be it noted, press note has its own genesis. An allegation was made that the petitioner attempted to commit suicide in the Prime Minister's Office. It is revealed from the record that the Delhi Police lodged an FIR before the Learned Magistrate under Section 309 of the Indian Penal Code against the petitioner.

5. The issue that emanates for consideration in such circumstance is, whether it was appropriate and apt on the part of the competent authority of Government of India to issue a press note which would be in the public domain. We can understand and appreciate an explanation being given that legal action had been taken against the person who had attempted to commit suicide but, unfortunately, the press note is otherwise. The petitioner, in her agony, has drawn our attention to various paragraphs of the press note. For the sake of clarity/convenience, we think it appropriate to reproduce the press note in entirety :

“PRESS INFORMATION BUREAU

GOVERNMENT OF INDIA

Cabinet Secretariat

Press Note – Fact Sheet on Suicide Attempt by Ms. Nisha Priya Bhatia

20:28 IST

Ms. Nisha Bhatia, Director in Cabinet Secretariat, lodged a complaint last year alleging sexual harassment by her Joint Secretary.(1)

The complaint was enquired into by the Complaint Committee constituted as per the guidelines laid down by the Supreme Court in this regard. An external lady officer was also co-opted as per these guidelines. The officer, however, withdrew her complaint.(2)

The officer was given several opportunities to present her case, but she refused to cooperate with the committee. Notwithstanding, the committee completed the inquiry on May 19, 2008 and found that her allegations could not be substantiated. Moreover, the committee found that her behavior on a number of occasions, duly documented by the committee, appear to indicate a 'disturbed state of mind' and recommended medical 3 counselling.(3)

The findings were communicated to Competent Authority in the Government.(4)

Meanwhile, a number of complaints have been received from different officers of the organization against Ms. Bhatia. These range from alleged unauthorized communication and contact with media, insubordination, misbehavior, abuse of authority and sending of objectionable and offensive SMSs to senior officials of the government.(5)

Based on examination of reports of her 'erratic' behaviour, a senior medical officer of the All India Institute of Medical Sciences (AIIMS) opined 'presence of Psychiatric illenss in her and advised Psychiatric opinion to assess her condition'.(6)

Ms. Bhatia was advised to go for medical counselling, which she refused.(7)

In view of these complaints of misconduct, a preliminary enquiry