The court emphasized the importance of substantiating allegations and found that shouting at the petitioner in anger cannot be considered as 'sexual harassment' within the meaning of the Act.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner has filed the present petition, inter alia, praying as under:-

a. Issue a writ of Mandamus directing Respondent No.2 to constitute an independent committee to enquire into and investigate all the allegations of the Petitioner pertaining to sexual harassment at workplace as well allegations pertaining to malpractices at OHB-II, Sewa Kutir, Kingsway Camp, New Delhi.

b. Issue a writ of Mandamus quashing the notice dated 30.03.2019 transferring the Petitioner to CHB I &, II Boys (Alipur).

c. Issue a writ of Mandamus directing the Respondent No. l to compensate the Petitioner for causing delay in acting on her complaints and for all the harassment suffered by her while pursuing her grievances which went unacted upon for over 3 months.

2. At the material time, the petitioner was working as a Clinical Psychologist at the Observation Home for Boys-II situated at Kingsway Camp, Delhi (hereafter referred to as ‘OHB-II’). She is not an employee of respondent no. 1 but an employee of an NGO named “Expressions Children Home”. The said NGO was engaged by respondent no. 1 for providing mental health services at such facilities. The petitioner has been providing counselling services at OHB-II since 01.06.2018.

3. The petitioner alleges that she had been facing harassment from the Superintendent at OHB-II (hereafter referred to as ‘PK’). She alleges that PK had compelled her to make a false report in respect of other officers and also in respect of violence and other acts amongst Children in Conflict with Law (CCL). She alleges that she was pressurized to conceal malpractices at OHB-II. In addition, she also alleges that PK’s conduct and behaviour towards the petitioner was inappropriate.

4. The petitioner alleges that there were several incidents, where CCL’s residents were assaulted physically and mentally by other inmates and she had taken such incidents seriously and included them in her reports. However, this was not acceptable by PK and she was compelled by him to omit such incidents from her report. The petitioner claims that she was ill-treated as a consequence of her refusal to participate in such malpractices. She also alleges that the conduct of PK was inappropriate not only towards her but to other female staff/officers as well.

5. In her petition, she has stated that PK would change his clothes in the presence of female staff much to their discomfort and embarrassment; he would also ask her to accompany him wherever he was going; he would make the petitioner and other female staff sit in his chamber throughout the evening even though there was no work; he would stare at the petitioner and make the petitioner feel uncomfortable; and he would also indulge in vulgar conversations. Resultantly, the petitioner felt extremely uncomfortable and insecure in such an environment.

6. The petitioner complained that on 07.01.2019, she had spent half a day to trace a CCL who had escaped. She claims that she had gathered information from other inmates by using psychological techniques and was successful in tracing the missing CCL. He was traced and brought back to OHB-II. The petitioner stated that she had approached PK to submit a psychological report of the errant CCL, but he had refused to do so point blank and abused and threatened her to the extent that she was left scarred and traumatized. The petitioner claims that in view of the above, she found that she had no option but to report PK’s conduct and therefore on 08.01.2019, she filed a complaint against him with the Delhi Commission for Women (respondent no.2 – DCW). She states that subsequently on 10.01.2019, she also uploaded her complaint on She Box, an online portal maintained by the Ministry of Women and Child Development.

7. The petitioner states that she did not receive any response to her complaints. However, on 30.03.2019, she received an email informing her that she had been transferred to CHB-I & II (Alipur) and was directed to report at the said