PATEL RAJENDRAKUMAR NATAVARLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Anvesh Vyas, learned counsel appearing for the petitioner, has in support of his submissions relied upon the decision of Apex Court in the case of Vishaka v. State of Rajasthan and others, reported in (1997) 6 SCC 241, which has been followed in a decision of the Apex Court in the case of Medha Kotwal Lele v. Union of India and others, reported in AIR 2013 SC 93 as well as a decision of the Apex Court in the case of Seema Lepcha v. State of Sikkim and others, reported in (2013) 11 SCC 641, to urge that the guidelines and directions issued by the Apex Court in these decisions as well as the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as 'the Act') have not been complied with by the respondent-authority in the case of the petitioner. The Apex Court has been categorical in the decision of Medha Kotwal Lele (supra) that the State functionaries, private and public undertakings/institutions shall provide for sufficient mechanism to comply with the directions issued by the Apex Court in the decision of Vishaka (supra). It would be profitable to reproduce relevant paragraphs from the decision in the case of Seema Lepcha (supra), which read as under:

(45.) We are of the view that if there is any non-compliance or non-adherence to the Vishaka guidelines, orders of this Court following Vishaka and the above directions, it will be open to the aggrieved persons to approach the respective High Courts. The High Court of such State would be in a better position to effectively consider the grievances raised in that regard."

(2.) Having heard both the sides for a while and having also taken note of the Women Complaints Redressal Committee formed at the level of the District Education Officer, the respondent-State shall place on record by way of an affidavit-inreply to be filed by an officer not below the rank of the Joint Secretary, as to in what manner the decision in the case of Vishaka (supra), which has been followed in a decision of the Apex Court in the case of Medha Kotwal Lele (supra) as well as a decision of the Apex Court in the case of Seema Lepcha (supra), have been complied with.