LAWS(DLH)-2017-12-20

TEJINDER KAUR Vs. UNION OF INDIA & ORS.

Decided On December 12, 2017
TEJINDER KAUR Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning a "status report" dated 08.09.2015 (hereafter the impugned report) prepared by respondent no.5, inter alia, holding that the complaint of sexual harassment made by one Ms X (the real name is not mentioned to avoid any ignominy to the person concerned) was time barred.

(2.) The petitioner - who is the Presiding Officer of the Internal Complaints Committee (hereafter ICC) of respondent no.2 at the Headquarters at Delhi - claims that the impugned report is wholly contrary to the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act , 2013 (hereafter the Act).

(3.) It is also the petitioners grievance that the provisions of the Act are not being followed by respondent no.2 inasmuch as respondent no.2 has consistently failed to display at a conspicuous place the forms and the penal consequences of sexual harassment as well as the order(s) constituting the ICC. The petitioner also claims that the act of respondent no.5 in submitting the impugned report rejecting the complaint of Ms X as time barred is malafide and was submitted with the sole object of protecting the officer (who was at the material time holding the post of Regional Director at Indore) accused of harassing Ms X.