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2015 Supreme(Del) 3109

S.P.GARG
LINDA EASTWOOD – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
Mr.Kirti Uppal, Sr.Advocate with Mr.Dipak Bhattacharya & Mr.Niloy Das Gupta, Ms.Wamika Trehan, Advocates.
Mr.Ajay Digpaul, CGSC with Ms.Medha Arya and Ms.Rishika Katyal, Advocates for R-1. Mr.Jatan Singh, Advocate with Mr.Akhilesh, Advocate for R-2.

JUDGMENT :

S.P.GARG, J.

1. Present Writ Petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure has been filed by the petitioner X (assumed name). It is contested by the respondents.

2. I have heard the learned counsel for the parties and have examined the file. Undeniably, X is employed with M/S.Bridge & Roof Co.(India) Ltd. under the Ministry of Heavy Industries & Public Enterprises and is working in the said institution for the last about 33 years. She lodged a complaint of continued sexual harassment for two years as per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short the Act) and filed a complaint before Internal Complaint Committee under Section 4 of the Act (in short ICC / respondent No.2).

3. By an Office Order dated 01.09.2011, ICC comprising Mrs.J.Raha (Chairperson), Mrs.L.Alen, Mrs.Janet Anthony, Mrs.Pranati Mondal, and Mrs.Amrita Sen as its members was constituted. By an order dated 17.04.2013, after Mrs.J.Raha’s resignation from the post of Chairperson on 15.03.2013, next senior most member of the committee i.e. Mrs. Linda Alen was permitted to















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