Y. K. SABHARWAL, J.

( 1 ) PETITIONER Ms-Neelam Mahajan Singh (for short ms. Singh ) lives in Flat NO. A 506 on the 5th floor of multistoyeyed complex at Kasturba Gandhi Marg, New Delhi, popularly known as Curzon Road flats. The respondent No. 5 Mr. A. K. Gupta (for short gupta ) lives in Flat No. A-206 on second floor in the same complex.

( 2 ) MS. Singh, a television news correspondent in News Division of Doordarshan and whose late husband was an Indian Administrative Service Officer is living in that flat with her school going son. Gupta is holding the rank of Deputy Inspector General of Police in the Intelligence Bureau. They would not have thought that a small incident would lead to such a legal tussle which would require examination and determination by a Full Bench at the very threshold. The incident took place on 28th September 1992. Ms. Singh s version of the incident, as stated in the petition, in brief, is as follows:-

"on 28th September, 1992 at about 8 AM she came back from morning walk and while climbing the stairs leading to her flat she found her domestic help Mr. Narender Pal was loitering around the corridors of the second floor chatting with some other person who later on was learnt by her to be the servant, named, Mr. Khem Pal of Gupta. She told Narender Pal to return to her flat to attend to the work and not to loiter around there. Meantime, one middle aged woman who later on was learnt to be the wife of Gupta came out of the apartment on the varandah as she was already standing at the entrance of flat No. A-206. Ms. Gupta told Ms. Singh that since Khem Pal was leaving the work henceforth Narender Pal will work for her as her husband had already promised Narender Pal that he will get him regular job in his office in Intelligence Bureau. This was resented to by Ms. Singh and she told Ms. Gupta that since she is a working lady and has to be away from her flat she could hardly afford to relieve Narender Pal who was working for full time for her. She also deprecated the allurment of Gupta given to Narender Pal with intent to make him leave her job. While this conversation was going on in the presence of Narender Pal in the corridor which is common passage at the second floor of the apartment block Gupta also came out in the common corridors of the second floor and suddenly started abusing Ms. Singh in the filthiest and unprintable language and shouted at her that Narender Pal will no longer work for her. In the mean time he also called his Driver from the ground floor and asked him to throw down Ms. Singh. Gupta also threatened to teach Ms. Singh a lesson which she would remember throughout her life. The conduct of Gupta was most uncivilised, more so, when he was stated to be high ranking police officer. The abuses and the gestures that Gupta made were highly derogatory and made with full intent/knowledge to outrage the modesty of Ms. Singh. "

( 3 ) MS. SINGH claims that after the incident she went to Police Station Tilak Marg at 9 AM and submitted her complaint and left the police station thereafter. The copy of the complaint said to have been made at the Police Station at 9 AM has,however, not been filed by her. She further says that at around 10. 15 AM ASI Gurdeep Singh visited her residence and she apprised him of the incident and also gave complaint in writing. A copy of this complaint has been filed with the petition.

( 4 ) THE version of the incident, as stated by Gupta in his counter affidavit, in brief, is as follows:- Ms. Singh at about 9 AM entered into his apartment and started shouting at his domestic servant Khem Pal Singh on the suspicion that he was trying to entice away her domestic servant Narender Pal. Apparently Ms. Singh suspected that Gupta s servant Khem Pal Singh was leaving the job and was enticing her servant to join service of Gupta. Ms. Singh in a very aggressive mode threatened Khem Pal Singh and hurled filthy abuses. Gupta s wife,however,intervened in the matter and apprised Ms. Si

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