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2026 Supreme(Online)(Ker) 7442

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
R. LAL – Appellant
Versus
DISTRICT EDUCATIONAL OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SASI M.R., SMT.DHARMYA M.S, SHRI.KURIAN MAXIE, SMT.ARYA KRISHNAKUMAR, SMT.VASUNDHARA DEVI
For the Respondents: SMT.V.A.HARITHA

JUDGMENT

Dated this the 30th day of January, 2026 The petitioner states that he is a Higher Secondary School Assistant in Ariyallur Madhavanandha Vilasam Higher Secondary School, Ariyallur, Malappuram. The petitioner is under suspension and is challenging Exts.P4 and P4(a) enquiry reports dated 17.11.2025 of the Internal Complaints Committee constituted under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013.

2. The enquiry leading to Exts.P4 and P4(a) was initiated on the basis of a WhatsApp message allegedly posted by the petitioner in the WhatsApp group exclusively for mail staff members of the said School. The petitioner did not share the alleged WhatsApp message to the aggrieved women. The very assumption of jurisdiction by the ICC is illegal, as the allegations do not constitute “sexual harassment at workplace” within the meaning of Sections 2 (a), 2(n) and 2(o) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act , 2013.

3. The enquiry conducted by the ICC is vitiated by gross violations of Section 11 of the Act, 2013, Rule 7 of the Rules, 2013, Rules 75 and 76 of the Kerala

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