LINDA EASTWOOD Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Present Writ Petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure has been filed by the petitioner "X" (assumed name). It is contested by the respondents.

(2.) I have heard the learned counsel for the parties and have examined the file. Undeniably, "X" is employed with M/S.Bridge & Roof Co.(India) Ltd. under the Ministry of Heavy Industries & Public Enterprises and is working in the said institution for the last about 33 years. She lodged a complaint of continued sexual harassment for two years as per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short "the Act") and filed a complaint before Internal Complaint Committee under Section 4 of the Act (in short "ICC / respondent No.2").

(3.) By an Office Order dated 01.09.2011, ICC comprising Mrs.J.Raha (Chairperson), Mrs.L.Alen, Mrs.Janet Anthony, Mrs.Pranati Mondal, and Mrs.Amrita Sen as its members was constituted. By an order dated 17.04.2013, after Mrs.J.Raha's resignation from the post of "Chairperson" on 15.03.2013, next senior most member of the committee i.e. Mrs. Linda Alen was permitted to act as its "Chairperson". "X" complaint against Mr.M.K.Singh was dealt with by ICC. On 20.04.2013, the complainant deposed before the committee in the enquiry held by it. On 20.05.2013 Mrs.Roma Sengupta, Member ICC, visited the company, discussed the matter with 13 individuals including the complainant and alleged offender and came to the opinion that the detailed enquiry was necessary to arrive at a tangible conclusion. The ICC thereafter made a detailed enquiry into the matter and forwarded the report to the employer on 29/31.08.2013. In the meantime Mr.M.K.Singh was given additional charge of CMD by Govt. of India on 30.08.2013. He reconstituted / formed a new ICC on 13.09.2013. The new committee initiated its proceedings on 31.10.2013 on "X" complaint and she was asked to participate in it. She was summoned to appear before the committee on 13.11.2013.