PS Vs. STATE OF NCT DELHI AND ORS.

JUDGEMENT

(1.) The present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner 'PS ' (changed name) praying for a direction to the police to register an FIR against the respondent No. 6 (in short 'R -6') upon her complaint dated 04.03.2015 and conduct a fair, impartial and uninfluenced investigation. The petitioner further seeks direction to respondent No. 3 to suspend R -6 from his office till the pendency of investigation and restrain him from interfering with it. Direction is further sought to respondent No. 5 to cancel her transfer orders dated 09.03.2015. The petition is contested by the respondents.

(2.) The events giving rise to the filing of the present petition in brief are that the petitioner, Production Assistant, Delhi Doordarshan Kendra was allegedly sexually harassed by R -6 on various dates i.e. 10.02.2014, 09.03.2014, 27.11.2014 and 02.12.2014 at her workplace. He (R -6) taking advantage of his position and status made her feel uncomfortable by explicit sexual overtures and lewd facial expressions / indecent body language. On 09.03.2014, during film festival at IGNCA, he sat exactly next to her and touched her shoulder. She was humiliated by him in the presence of staff making sexually coloured comments outraging her modesty. When she objected to it, he threatened to shelve her documentary film "Kaash" and in fact did so by raising objections though recommended by all other officials to be sent for 62nd National Film Award. On 23.01.2015, she lodged a complaint with Director - General of Doordarshan alleging mental harassment and stressful environment created at the workplace; it did not result in any action. Finally, on 04.03.2015, she lodged a complaint at PS Tilak Marg but the police did not initiate any action. On 09.03.2015, she was suddenly relieved from the office in the afternoon to join Central Production Centre, Khel Gaon Road, New Delhi.

(3.) Status report has been filed by the respondent - State. As per it, a detailed enquiry in the allegations in the complaint dated 04.03.2015 was carried out and several relevant witnesses were examined. In the enquiry, allegations leveled by the petitioner could not be substantiated and seemingly found to be false, fabricated, motivated and afterthought. Since no cognizable offence had taken place, police intervention was not required in the complaint and it was filed.