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S. M. SUBRAMANIAM, M. JOTHIRAMAN
R. Magdaline Rani – Appellant
Versus
Geological Survey of India – Respondent
ORDER :
[Order of the Court is made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 17.03.2023 passed by 5th respondent in O.A.No.281 of 2019 and quash the same and consequently direct the 1st respondent to constitute fresh Internal Complaints Committee to inquire into the complaint submitted by the petitioner dated 09.11.2017.
The writ on hand has been instituted challenging the order dated 17th March, 2023 passed in O.A.No.281 of 2019.
2. The petitioner is working as Store Keeper at the Zoological Survey of India, Chennai, since 30.10.2000. She made a complaint to the 1st respondent on 09.11.2017 against the 4th respondent viz., Dr.S.Raju, who is the then Deputy Director General (presently retired from service). The complaint is alleged sexual harassment at work place under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The original application was filed challenging the preliminary inquiry report submitted by the Internal Complaints Committee on 14.12.2018. Since
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....
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 Internal Complaints Committee lacks jurisdiction under the Sexual Harassment Act when allegations do not qualify as sexual harassment within its definition.
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