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2023 Supreme(MP) 406

SUJOY PAUL
Mukesh Khampariya – Appellant
Versus
State of M. P. – Respondent


Advocates:
Samresh Katare for petitioner; Pankaj Tiwari, Government Advocate for respondents No. 1 to 6 and 8/State; Dhanesh Kant Tiwari for respondent No. 7.

ORDER

1. This petition filed under Article 226 of the Constitution assails the order dated 25.6.2018 (Annexure R-1) and the enquiry report dated 25.7.2018 (Annexure P-1) whereby the petitioner was held guilty for committing sexual harassment at the workplace.

2. Draped in brevity, the relevant facts are that the petitioner was working as Station House Officer (SHO), in Police Station Gadarwara, District Narsinghpur between 27.8.2016 to 24.3.2017. During that period, respondent No.7 was posted in the said police station as SubInspector.

3. As per the stand of the petitioner, the petitioner was an officer supervising the work and duties of respondent No.7. Since respondent No.7 committed dereliction of duty on more than one occasion, certain orders taking coercive action were passed which are filed cumulatively as Annexure P-2. Respondent No.7 as an after thought preferred a frivolous complaint dated 16.3.2017 alleging that petitioner committed sexual harassment in the workplace. Pursuant to the complaint dated 16.3.2017 (Annexure P-4), an internal complaint committee was constituted as per the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal), 2013 (Act of

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