SAVITRI TRIPATHI Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner has filed the present petition contending that she is Senior Professor of English and at the relevant time, she was posted at Government J.P. Verma, P.G. Arts and Commerce College, Bilaspur. Respondent No. 5 who is Assistant Professor in English and posted at Government College, Akaltara visited Government J.P. Verma P.G. Arts and Commerce College, Bilaspur on 26/9/2012 as well as on 27/9/2012 used obscene language about the petitioner. On 5/10/2012 after meeting with B.L. Goyal, now Retired Principal, J.P. Verma College outside of the room of the Principal, he used taunting words [xxxx] and directed her to come inside the English and Hindi Department. Petitioner looking to the attitude of respondent No. 5, stated that if he wants to talk with her talk here at Principal Chamber. Then he said that he belongs to reserved category as such she cannot take any action against him.

(2.) The petitioner orally informed the indecent behaviour of respondent No. 5 to respondent No. 4. Again on 12/10/2012 at 4 pm during the course of office hours, respondent No. 5 suddenly entered into the Hindi and English Department and started abusing her with filthy language which amounts to outrage the modesty of the petitioner and against reputation of the senior lady professor. He used words "Tripathi Chalo Maja Kare Tum to Janti Ho Pichle Bara Varso se Tumhare Mere Saririk Sambandh Hai Aur Itne He Varso Se Tum Meri Rakhel Ho" in presence of number of professors who have objected respondent No. 5. Therefore, on 13/10/2013, she made written complaint to the Principal, Government J.P. Verma P.G. Arts and Commerce College, Bilaspur. Thereafter, she again sent reminder letters on 19/12/2012 and 29/12/2012 copy was also sent to respondent No. 4 who became Additional Director, Higher Education Department, Regional Office, Government of Chhattisgarh.

(3.) Learned counsel for the petitioner would submit that as per the service condition, complaint can be filed for indecent behaviour which may misconduct under the service law and FIR can also be lodged under criminal law, therefore, petitioner informed the authorities to take action but no action has been taken, as such, she made a complaint to respondent No. 1 on 8/3/2013 copy of which sent to the Private Secretary of Hon'ble His Excellency Governor of State of Chhattisgarh and Chief Secretary, Government of Chhattisgarh. She received a letter dtd. 3/4/2013 written by the Additional Secretary of His Excellency Governor to respondent No. 1 to take appropriate action on the complaint of the petitioner against respondent No. 5 but again no action was taken.