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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Surendra Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 15150 of 2022 & CM. Appl. 46856 of 2022
Decided On : 02-11-2022
1. By way of the present writ petition, the petitioner seeks following reliefs:
(i) Issue a writ of certiorari quashing order dated 21.10.2022 issued by the respondents constituting an Internal Complaints Committee against the petitioner;
(ii) Issue a writ of mandamus directing the respondents to constitute a fresh Internal Complaints Committee in strict compliance of provisions of Sexual Harassment of Women at Workplace Act, 2013 and Standing Order No.02/2017 dated 12.10.2017.
(iii) Issue a writ of mandamus directing the respondents that complainant is also required to be transferred out of 187 BN as the petitioner in order to conduct a fair and impartial enquiry into the matter.
iv) Issue a writ of mandamus directing the respondents to maintain strict confidentiality of the enquiry and also information related to the subject matter as per that complainant is also required to be transferred out of 187 BN as the petitioner in order to conduct a fair and impartial enquiry into the matter as per Standing Order No.02/2017 as also Section 16 of POSH Act.
2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has made a representation dated 27.10.2022, however, till date, the said representation has not been decided by the respondents.
3. Learned counsel appearing on advance notice on behalf of the respondents, on instructions, submits that till a decision is taken on the representation dated 27.10.2022, the respondents shall not take further steps pursuant to order dated 21.10.2022.
4. Accordingly, we hereby dispose of the present petition along with the pending application, directing the respondents to take a decision on the representation dated 27.10.2022 made by the petitioner within two weeks and communicate the result thereof to the petitioner within one week thereafter.
Copy of this order be given dasti under the signature of the Court Master.
Fairness and compliance with statutory provisions are essential in the inquiry process under the Sexual Harassment of Women at Workplace Act, mandating prompt decisions on representations.
The court upheld the petitioner's request for a writ of certiorari to quash specified orders and directed a fresh inquiry by the ICC, ensuring the petitioner's rights under the relevant rules.
Inquiries under the Sexual Harassment Act must be conducted where witnesses reside to ensure fairness, and parties must exhaust appellate remedies before seeking judicial review.
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
The central legal point established in the judgment is the importance of complying with the statutory provisions and principles of natural justice in cases of alleged sexual harassment at the workpla....
The court emphasized the importance of following statutory provisions and principles of natural justice in conducting inquiries under the Sexual Harassment of Women at Workplace Act, 2013.
The court emphasized the importance of following the statutory procedure and principles of natural justice in inquiries under the Sexual Harassment of Women at Work Place Act, 2013, and directed the ....
The court emphasized that an employer must await the Internal Complaints Committee's recommendation during an inquiry before transferring an employee involved in a sexual harassment complaint, as per....
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