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2021 Supreme(HP) 770

JYOTSNA REWAL DUA
Praveer Kumar Thakur, S/o Sh. Balbir Singh Verma – Appellant
Versus
State of Himachal Pradesh Through Its Principal Secretary (Home) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Bimal Gupta, Senior Advocate, With Mr. Satish Sharma, Advocate
For the Respondent:Ms. Ritta Goswami, Additional Advocate General With Ms. Seema Sharma, Deputy Advocate General

ORDER :

Jyotsna Rewal Dua, J.

The Internal Complaints Committee on sexual harassment of women at workplace has issued a memorandum to the petitioner on 28.05.2021 under Rule 14 of CCS(CCA) Rules 1965. Competence of the complaints committee to issue this memorandum is the main contention raised in this petition.

2. Facts leading to filing of the writ petition :

2(i) Petitioner qualified H.P. State Administrative Services Combined examination in the year 2008 and was selected as Deputy Superintendent of Police (HPPS). He was thereafter promoted as an Additional Superintendent of Police in September, 2017.

2(ii) A complaint of sexual harassment at workplace was lodged against the petitioner on 11.05.2021. The Superintendent of Police Shimla sent the complaint to the Director General of Police, Himachal Pradesh-respondent No. 2. FIR No. 14 of 2021 was registered against the petitioner at Women Police Station Shimla on 13.05.2021 under Sections 354 and 354A(1)(ii) of the Indian Penal Code. Petitioner was granted anticipatory bail by the learned Sessions Judge Shimla on 03.06.2021.

2(iii) The complaint dated 11.05.2021 was also sent to the Internal Complaint Committee on Sexual Harassment of W

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