2023/DHC/000638

$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 27^th January, 2023

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W.P.(C) 13018/2018 and CM APPL. 50531/2018, 37151/2019

DAMODAR VALLEY CORPORATION

..... Petitioner

Through:

Mr. Vijay Hansaria, Sr. Adv. with

Ms. Madhumita Bhattacharjee and

Mr. Srija Choudhary and Ms. Kavya

Jhavar, Advs. (M: 9811785211).

versus

UNION OF INDIA & ORS

..... Respondents

Through:

Ms. Monika Arora, CGSC with Mr.

Subhrodeep Saha, Advocate for UOI.

Mr. Paras Jain and Mr. Ashotosh

Chaturvedi, Advocates for R-2.

Mr. K.C. Dubey, Mr. Mahender

Kumar Bharadwaj and Mr. Vatan

Kumar Attri, Advocates for R-3.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner- Damodar Valley

Corporation (hereinafter ‘DVC’) challenging the impugned order passed by

the CIC dated 16^th October, 2018. The matter arises out of RTI application

filed by Respondent No.2- Mr. Soumen Sen dated 26^th June, 2016 to

Respondent No.3- National Commission for Women (NCW) seeking

information to the following effect:

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:31.01.2023

16:42:27

Signature Not Verified

2023/DHC/000638

in DVC intimated to NCW?”

3. The NCW vide e-mail dated 30^th May, 2017 forwarded the same to

DVC. The DVC vide its reply dated 23^rd June, 2017 informed the status of

the sexual harassment complaint filed by Respondent No. 2’s wife against

one of the engineers at DVC. The said reply also annexed therewith 30

pages of documents and other details in relation to the said complaint.

4. Thereafter, vide another letter dated 16^th June, 2017 in respect of the

remaining queries, the response was given by DVC. However, the RTI

Applicant was not satisfied and he, accordingly, approached the Appellate

Authority and thereafter, the Central Information Commission.

5. A notice dated 23^rd March, 2018 was received by the DVC for a

scheduled hearing on 17^th April, 2018. DVC through the CPIO submitted a

reply dated 12^th April, 2018 stating that the DVC has already provided the

information that was sought.

6. The Central Information Commission has, vide the impugned order

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:31.01.2023

16:42:27

Signature Not Verified

2023/DHC/000638

dated 16^th October, 2018, passed an order imposing cost of Rs.1,00,000/- on

DVC. A penalty to the tune of Rs.25,000/- has also been imposed on the

CPIO. The operative portion of the CIC’s order reads as under:

“7. Upon perusal of the records and submission made

by the parties, the Commission finds that information

has been provided only after the intervention of this

Commission and order of the Commission has been

complied with. The National Commission for Women

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:31.01.2023

16:42:27

Signature Not Verified

2023/DHC/000638

9. The Commission feels that the NCW should use its

powers to consider the media statements of sexual

harassment as complaints, as an extra-courage is

required to speak to media which gives huge publicity

than to write a complaint which silently reaches to

NCW without anybody noticing it. The publicity will-

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:31.01.2023

16:42:27

Signature Not Verified

2023/DHC/000638

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:31.01.2023

16:42:27

Signature Not Verified

2023/DHC/000638

Guidelines of Department of WCD. This is where the

NCW has to come to the rescue of victims and take

steps to create systems. It has a duty of ensuring the

systems to be in place to receive and act on complaints.

The constitutional bodies like NCW should not ignore

such worst violations of human rights of women

around.

did not constitute ICCs till now. The metoo storm that

is being witnessed now is due to non-implementation

of these directions and Sexual Harassment of Women

at

Workplace

(Prevention,

'

Prohibiti