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2025 Supreme(Online)(Bom) 164097

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGEHON'BLE JUSTICE ASHWIN DAMODAR BHOBE
SHYAM BIHARI – Appellant
Versus
NUCLEAR POWER CORPORATION OF INDIA LTD AND ANR – Respondent


JUDGMENT

(Per Ashwin D. Bhobe, J.) :-

1. Heard Dr. Uday Warunjikar, learned Advocate for the Petitioner and Mr. Vishal Talsania, learned Advocate for Respondent Nos. 1 & 2.

2. Rule. Rule made returnable forthwith. Heard Petition finally with the consent of learned Advocates appearing for the parties.

3. Challenge in the present Petition filed under Articles 226 and 227 of the Constitution of India, is to the Memorandum of Charges No. NPCIL/HR-DC/2(46)/2024/424 dated 14th December, 2024 issued by Respondent No. 1 (“said Memorandum dated 14th December, 2024”); to the Notice dated 31st July, 2025 issued by Respondent No. 1 through GM, HR-DC (“said Notice dated 31st July, 2025”); and to the Inquiry Report dated 14th July 2025 of the Internal Complaints Committee (“ICC” for short) constituted by Respondent No. 1, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“said Act” for short).

4. The material facts in this Petition are that the Petitioner is a Medical Officer in the employment of Respondent No. 1, since 2005. On 27th July, 2024, Mr. D. Ghosh, a Scientific Officer working with Respondent No. 1, filed a complaint on behalf of his

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