PALLAVI PANDEY Vs. KENDRIYA BHANDAR

JUDGEMENT

(1.) PETITIONER took up internship with the respondent w.e.f. 16.4.2012 for eight weeks. Petitioner pleads that during the period of internship one Mr. Yudhvir Singh (Junior Salesman) caused her sexual harassment and details of which are given in the writ petition. Petitioner was hence forced to lodge an FIR. Evidence in the said criminal case is going on. Petitioner also lodged a complaint with the respondent. Respondent had initiated departmental enquiry against Mr. Yudhvir Singh and which was as per the direction of the Delhi State Commission for Women. The petitioner questions certain orders which have been passed by the departmental enquiry committee and seeks to quash them in these proceedings. On behalf of the petitioner, following submissions are made and reliefs accordingly claimed: -

(2.) LEARNED counsel for the respondent on being put the aforesaid issues raised by the petitioner, could not seriously dispute that in cases of sexual harassment such as the present, the Presiding Officer would necessarily will have to have assistance, guidance and help from the petitioner, because factual issues of sexual harassment will necessarily be known in detail only by the petitioner personally. Also, counsel for the petitioner is justified in arguing that effective dealing of the complaint of the petitioner can only be if the petitioner receives the depositions, documents and the copies of pleadings and is also allowed to be accompanied by a representative.

(3.) IT could not be disputed that respondent has to adopt guidelines with respect to enquiries in sexual harassment as laid down by the Supreme Court in the case of Vishaka (supra)