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2023 Supreme(Del) 2163

IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH, J.
Archana Sharma – Appellant
Versus
State and Others - Respondents
W.P.(Crl) 36 of 2021 and Crl.M.A. 6615 of 2021
Decided on : 13-04-2023

Advocates:
Advocate Appeared:
Mr. Sachin Mittal, ASC for State with Mr. Alok Sharma, Mr. Nishant Chauhan, Advs. with SI Manju Chahar, PS IGI Airport, Mr. Anirudh Bakhru, Ms. Ayush Puri, Mr. Umang Tyagi, Ms. Tejaswini Chandrashekhar, Mr. Prateek Kumar Jha, Mr. Daviender Hora, Mr. Anurag Gautam, Mr. Sahil Chouhan, Mr. Sanjay K. Das, Mr. Vikas Kumar Singh, Advs.

Headnote:(A) Indian Penal Code, 1860 - Section 509 - Criminal Procedure Code, 1973 - Sections 154, 156(3), and 173(8) - Allegations of sexual harassment against officials of an airport company - Writ petition seeking transfer of further investigation to Central Bureau of Investigation and other reliefs including arrest of accused - Petition dismissed on grounds of res judicata as a previous petition with similar prayers was disposed of; no dereliction of duty found among police officials. The court highlighted that a credible ground for transferring investigation to CBI must be established and that such a transfer is not granted lightly. (Paras 1, 12, 16, 24, 32, and 39)

(B) Doctrine of Res Judicata - Principle preventing re-litigation of the same issue once decided, applied; the relief sought by the petitioner was barred as a similar writ petition was already resolved. (Paras 14, 15, and 20)

Table of Content
1. factual basis for the writ petition. (Para 1 , 2)
2. petitioner’s arguments against investigation. (Para 3 , 4 , 5 , 6)
3. previous petition dismissed; res judicata. (Para 10 , 11 , 12 , 13 , 14 , 15)
4. parameters for further investigation. (Para 26 , 35 , 36 , 38)
5. final dismissal of the writ petition. (Para 42 , 43)

JUDGMENT :

Jasmeet Singh, J.

This is a writ petition-seeking transfer of further investigation of FIR No. 80/2018 registered under section 509/34 IPC at P.S. IGI Airport to Central Bureau of Investigation from Respondent No. 1. The present petition also seeks to direct the concerned agency to arrest or detain Respondent Nos. 2 and 3 for further investigation; to recommend Central Vigilance Commission and Commissioner of Police to take serious action against the police officials who neglected their duties; to impose heavy cost upon Respondent Nos. 1, 4 to 9 for contempt of Supreme Court's directions in Lalita Kumari v. State of U.P. , 2013 SCC OnLine SC 999 and to direct investigating agency to seize Petitioner's official desktop and laptop of Respondent Nos. 2 and 3 in custody of Respondent No. 10.

2. According to the petitioner, the material facts of the case are:

    . The Petitioner is an ex-employee of Respondent No. 10 i.e. M/s. GMR DIAL where Respondent No. 2 i.e. Lalitendu Samanta was the Chief Human Resources Officer of Respondent No. 10 and Respondent No. 3 i.e. Subir Hazra was the Head of the Department under whose supervision the Petitioner was working directly. Respondent Nos. 4 to 9 were officials of Delhi Police (Respondent No. 1). Respondent Nos. 4 to 6 were Deputy Commissioner of Police at IGI Airport during different points in time and Respondent Nos. 7 to 9 were Sub-Inspector during different points in time.

    ii. On 19.09.2007, the Petitioner joined GMR Delhi International Airport (P) Ltd. as Coordinator and was promoted as Senior Coordinator in 2011.

    iii. On 25.05.2011, an email was sent by Mr. Arun Behal, the then HoD (Operations) to the Petitioner to join Lost Property Section involving shift duties.

    iv. In May 2011, the Petitioner met Respondent 2, Lalitendu Samanta, for the first time who was the Chief Human Resources Officer at M/s. GMR DIAL (Respondent No. 10), seeking transfer from Operation involving shift duties to general duty due to security and medical reasons.

    v. On 09.05.2011 and 20.07.2011, the petitioner sent an email to Respondent No. 2 regarding transfer to the department headed by Ms. Kiran Jain.

    vi. On 02.08.2011, the Petitioner joined the Strategy Planning Group (“SPG”) Dept headed by Respondent No. 3.

    vii. The Petitioner states that from May 2011 to December 2011, Respondent No. 2 sexually harassed the petitioner by passing remarks, touching inappropriately, calling at odd hours, seeking sexual favours, stalking and forcing to meet the petitioner outside office premises, standing in objectionable and inappropriate positions behind the petitioner, misusing his power to threaten the petitioner's job, violating internal job posting policy and not providing the petitioner the transfer letter issued for SPG. viii. The Petitioner also states that during this time, the Respondent No. 3 aided Respondent No. 2 in further harassing the petitioner by vulgar gestures and expressions, threatening her job, unnecessary interference in her work, humiliating her and making unwarranted physical contact with her.

    ix. On 20.12.2011, petitioner recorded the conversation between herself and respondent no. 2 in her mobile.

    x. On 05.01.2012, the petitioner filed a written complaint with P.S Nair (Sector CEO, DIAL) against Respondent Nos. 2 and 3. Mr. Nair promised proper justice and persuaded the petitioner not to lodge an FIR in order to save the company's reputation.

    xi. Thereafter, in February 2012 an Internal Complaints Committee (ICC) was constituted to enquire into the petitioner's comp

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