l OANo. 1001/2022 CENTRALADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI |%- B tr»

ORIGINALAPPLICATION No. 1001/2022 /’

Bated this the 35% day oiI/#1.-;=>~.1;1';“-.."., 2024 .-M ii’

comm = warren srrar M.G.SEWHKAR, Mas/raaia an §>”

sum RAJINDER KASHYAP, MEMBER (A)

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Poonarn Shahani Age 51 years, working as Stenographer, Grade-I, |ii§'£‘‘-I-'

Central Bureau of Investigation, Special Crime Branch, Murnbai, ||..|T ;§ /_ _-., ,/ \= ;é, .--1 _: I._:' _- -I. .'

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residing at Building No. 41, Flat No. 1445, ‘A’ Wing, Second Floor, I?:'.

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C.G.S. Colony, Sector '7, Antop Hill, Mumbai 400037. Email :

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p,o_onamshal;1_ani@yahoo.co1jn Phone No. 9833364979. -Applicant 14§5;‘ :. .}? .-/-_I-.:. ;" .._: '-.

(ByAdvocate Mr. VANagrani ) .

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Versus *

1. Union of India, The Secretary, Ministry of Personnel, Public Grievances and Pensions, Personnel & Training, AVD--II, DOPT, North |.-.

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Block, Central Secretariat,,_I\leW Delhi 110 001. 1 ~.

2. The Director, Central Bureau of Investigation (CB1), Plot No. 5-B, 10*“ Floor, CGO Complex, Lodhi Road, New Delhi 110 003.

3. Administrative officer (A) Central Bmeau of Investigation 5-B, 7*“

floor, CGO Complex Lodhi Road, New Delhi 110003.

4. Shri S.R Singh, Supdt. ofPolice & Head ofBranch, Central Bureau of Investigation, Special Crime Branch, A Wing, 8*’ floor, C.G.O. Complex, Belapur CBD Navi Mumbai. 400614. -"~- 1 1 -P -~ -- 6. The Head ofBranch, Central Bureau ofInvestigation Bank Security Sc Fraud (BS&F) Zone, 3"‘ & 4“ floor, Plot No. C-35A, ‘G’ Block, Bandra Kurla Complex, Near MTNL Exchange, Bandra (East), Mumbai 400098.

6. The Committee under the Prevention of Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act, 2013 Central Bureau of Investigation, Special Crime Branch, A Wing, 8”‘

floor, C.G.O. Complex, Belapur CBD, Navi Mumbai. 400614.

7. Shri Mohd. Anwarul, Inspector ofPolice, CBI (to be served through

2 OANo. 1001/2022 official respondents). -Respondents (By Advocate Mr. R R Shetty)

Order Reserved on: 30"‘ January, 2024 Order Pronounced on: , . 15% lli‘.sY1.i, ;>.l ORDER Per : Justice M.G.SeWlikar, Member (J)

The applicant has preferred this Application against the order dated 215‘ April, 2022 by which his/her complaint of sexual harassment has been illegally closed by the disciplinary authority. r at 9

2. Pacts in brief are that the applicant is a single mother to ..»..- _ . _ I a girl child and has been residing in the official accommodation provided to her by the Central Bureau of Investigation (CBI) in Staff Residential Quarters at Antop Hill, Mumbai, along with her daughter.Respondent no. 7 who is Police Inspector (PI) in CBI was residing in the same building at the time when the incident occurred. The applicant contends that on 21$‘ November, 2021 at about 8:30 pm, respondent no. 7 performed obscene sexual act in the CB1 quarters in the full view and presence ofthe applicant and her teenage daughter. The applicant had filed a written complaint .1

3 OANo. 1001/2022 -

dated 30*“ November, 2021 before the Antop Hill Police i=?EI='

Station. This complaint was lodged in Antop Hill Police 4..

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Station. The Hill Police Station did not take any action -Z£41-.I Fc’-g§*;’_;5.'. !§',.=_:_I_

on the complaint of the applicant. Therefore, the applicant g.§:;5m¢>:_".:--I filed a complaint with the CBI against respondent no. '7, i?'

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through respondent no. 4 under the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition }-w-

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& Redressal) Ad, 2013 (POSH Act). The applicant has averred that the internal committee or the local committee, as .,.-

the case may be, ought to have made an inquiry into the _- ._H complaint in accordance with the provisions ofthe POSH Act. The respondent no. 4 did not take any action on the complaint -c --F ofthe applicant for a period ofthree months. The respondents vide order dated 21$‘ April, 2022 illegally closed the said complaint on the ground tha