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2020 Supreme(Ker) 803

A.M.SHAFFIQUE, GOPINATH P.
Prasad Pannian – Appellant
Versus
Central University Of Kerala, Represented By Its Registrar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt.Surya Binoy, Adv.
For the Respondent: Sri.V.Sajith Kumar, Sc, Shri.Godwin Joseph, Smt.Rekha Vasudevan, Smt.V.Deepa, Sri.B.Akshitha, Advs.

ORDER :

Shaffique, J.

These cases had been referred to us based on a reference order dated 15/9/2020. The substantial issue raised in the writ petitions was whether a complaint given by the 8th respondent in WP(C) No. 9219/2020 can be the basis of an enquiry under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as 'the 2013 Act').

2. The writ petitioner contended that the allegations in the complaint given by the 8th respondent did not disclose any form of sexual harassment coming within the purview of the 2013 Act. Reference was also placed to the judgment of the learned Single Judge of this Court in Anil Rajagopal v. State of Kerala and Others [2017 (5) KHC 217], wherein the learned Single Judge after referring to the definition of 'sexual harassment' under Section 2(n) of the 2013 Act and S.3(2) held at paragraph 9 as under:

    “9. As already noticed, there is no sexual harassment complained of and a solitary allegation of any or all of the acts enumerated under S.3(2), cannot constitute an offence under the Act of 2013. Any such act should be connected with and in relation to any act or behaviour of s

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