D/L 03

04.03.2025 Court No.14 PRADIP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 3665 of 2025 (CAN 1 of 2025)

Dipankar Mojumder Vs.

The State of West Bengal & Ors.

Mr. Afsar Ali … for the Petitioner.

Mr. Sk. Md. Galib Mr. Manish Biswas …for the State.

1. The petitioner is the respondent in a proceeding initiated by the authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Challenging the said proceeding, the petitioner approached this Court earlier by filing WPA 22640 of 2024 which stood dismissed for default on 27^th November, 2024.

2. In the instant writ petition, the petitioner challenges the constitution of Internal Complaints Committee under Section 4 of the Act.

3. It has been submitted that, the Committee has not been constituted in accordance with the provisions of the Act. The Presiding Officer of the Committee does not have a full term of three years and, as such, she ought not to have been appointed in the said Committee. It has also been submitted that, there is no proof that the members who have been appointed in the Committee have experience of handling matter relating to sexual harassment.

4. The r