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2022 Supreme(Cal) 212

HIRANMAY BHATTACHARYYA
Pradip Mandal – Appellant
Versus
Metal Scrap Trade Corporation Ltd. – Respondent


Advocate Appeared:
For the Appellant :Joydeep Kar, Sr. Advocate, Soumya Majumder, Amritam Mandal, Aditya Mondal, Advocates.
For the Respondents:Lakshmi Kumar Gupta, Noelle Banerjee, Dipak Dey, Dipanjan Dey, Advocates.

JUDGMENT :

1. This writ petition has been filed seeking a writ of mandamus to set aside the penalty order dated March 3, 2015, the appellate order dated December 3, 2015 and the order dated December 17, 2019 passed by the Appellate Committee. The petitioner also prayed for other consequential reliefs.

2. The petitioner joined service as a Junior Executive (Law) under the Metal Scrap Trade Corporation (for short “MSTC Ltd.”). In the year 2014, petitioner was holding the post of Manager (Law) in MSTC Ltd. and was posted in the head office at Kolkata. The respondent no. 3 who was serving as officer on Special Duty (Law) in MSTC Ltd., and was also posted at the head Office at Kolkata at the relevant point of time lodged a complaint of sexual harassment against the petitioner. Internal Complaints Committee (for short “ICC”) furnished its report which was made available to petitioner only on March 11, 2015. Prior thereto, the petitioner was served with a copy of order of punishment dated March 3, 2015 passed by the disciplinary authority. The disciplinary authority imposed a punishment of reduction to a lower grade of pay i.e. Deputy Manager (E-3). Petitioner preferred an appeal against or

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