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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
MITALI THAKURIA
Reny Wilfred, IAS Joint Secretary, Finance Department, Govt. Of Nagaland, Nagaland Kohima – Appellant
Versus
State Of Nagaland And Ors. Represented Bythe Chief Secretary, Nagaland Kohima – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. A. Zho, the learned counsel for the petitioner. Also heard Ms. S. Mere, the learned Senior Government Advocate, Nagaland appearing for the State respondent Nos. 1, 2, 3 & 4 and Ms. Vrinda Grover, the learned counsel for the respondent Nos. 5, 6, 7 & 8.
2. By filing this writ petition under Article 226 of the Constitution of India read with Section 528 of BNS S , 2023, the petitioner had assailed the complaint letter No. NSCW/SH/D/2025/121 dated 17.03.2025, written to the Director General of Police, PHQ, Nagaland, Kohima against the present petitioner by the Chairperson, Nagaland State Commission for Women (in short ‘the NSCW’), whereby an allegation has been made that there was a sexual and mental harassment in workplace. Based on the written complaint, the State Crime Police Station registered as case being No. 01/2025, on 02.04.2025 against the present petitioner under Sections 74 /75(2)/79 of , 2023 for further investigation.
3. Initially, the writ petition was filed for quashing of the said complaint filed against the present petitioner, which was registered as stated above, but during the pendency of the petition, the case has been charge
The Nagaland State Commission for Women has the authority to investigate workplace harassment complaints and file reports, enabling criminal actions under relevant laws when evidence suggests. Both c....
Failure to follow procedural requirements by the Tamil Nadu State Commission for Women invalidated their actions and recommendations, allowing the writ petition.
The constitution and conduct of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the Central ....
A written complaint is mandatory for initiating an inquiry under the POSH Act; inquiries conducted without it are illegal.
The expansive definition of sexual harassment under the Act includes various unwelcome behaviors, and procedural delays do not invalidate complaints or inquiries.
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 court established that disciplinary action under Section 14 of the Sexual Harassment of Women at Workplace Act requires a finding of malicious intent or knowledge of falsity, which was not presen....
The ICC report does not supersede police findings in criminal proceedings, especially when the victim's statement is absent, and the prosecution's case is prima facie established.
The burden of proof in a criminal proceeding is different from that in a departmental proceeding. The court must treat complainants of sexual harassment and assault sensitively and ensure a fair tria....
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