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2024 Supreme(Online)(DEL) 25556
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10723/2019 & CM APPL. 44350/2019 DR. ABHIJIT DAS ..... Petitioner Through:
Ms. Sumita Hazarika, Mr. Lalgoulen Kipgen and Mr. Mayank Yadav, Advocates.
versus COMPLAINANT (NAME WITHHELD) AND ORS.
..... Respondents Through:
Mr. Sumeet Kaul, Mr. Himanshu Singhal, Advs. for Complainant. Ms. Shomona Khanna, Advocate for R-3.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
MS. SUMITA HAZARIKA
ORDER
% 31.01.2024
1. The Petitioner has approached this Court challenging a Report dated 15.05.2019 submitted by the Second Enquiry Committee of Respondent No.3. The short submission of the Petitioner is that once an Enquiry Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short ‘POSH Act’) has already concluded its proceedings and given a recommendation, out of the very same allegations, a second committee could not be constituted under the POSH Act which is beyond the jurisdiction of the POSH Act.
2. Learned Counsel for Respondent No.3 contends that the Report of the Enquiry Committee was not under the POSH Act but as a disciplinary measure which is an independent proceeding and that the second committee was constituted under the inherent powers of Respondent No.3.
3. Respondent No.3 is directed to produce documents to show existence of such powers for initiating such enquiry.
4. List on 05.02.2024. SUBRAMONIUM PRASAD, J JANUARY 31, 2024 hsk
