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2022 Supreme(J&K) 435

SANJAY DHAR
Rehana Kausar – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Sharaf Wani, Advocate, Irfan Andleeb, Advocate, Owais Shafi, Advocate

JUDGMENT

Sanjay Dhar, J. - The petitioner has challenged enquiry report dated 08.02.2021 rendered by respondent No.2 as also order No.818-JK(HME) of 2020 dated 23.10.2020, whereby Complaints Committee under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act of 2013), has been constituted for enquiring into the complaints of sexual harassment against women employees of the Health & Medical Education Department and its subordinate offices. A consequent direction has been sought commanding the respondents to re-constitute the Complaints Committee under the Act of 2013 and to hold a de novo enquiry into the allegations of sexual harassment of the petitioner at the hands of respondent No.4.

2. Briefly stated, the case of the petitioner is that on 13.12.2019, she received a phone call from respondent No.4 who was posted as Director Health Services, Kashmir, at the relevant time and the said respondent communicated highly objectionable sexual innuendos to the petitioner in an inebriated state. According to the petitioner, behaviour of respondent No.4 was highly distasteful and unwelcome. At the relevant time, the pet

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