S. VINUKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Writ of Mandamus has been filed seeking a direction to direct the 3rd respondent to drop the proceedings initiated against the petitioner through the 6th respondent-Internal Complaints Committee in the name of Vishaka Committee violating the provisions mandated in the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 2013, the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the "Act" for brevity) and the Sexual Harassment of Woman at Workplace Rules, 2013 by considering the representation submitted by the writ petitioner on 24/3/2022.

(2.) The petitioner is working as incharge Medical Officer, Ganapathipuram Primary Health Centre, Kanyakumari District. Pursuant to the complaint dtd. 30/3/2019 in C.C.No.20/2020, on the file of the Consumer Disputes Redressal Forum, Madurai, an enquiry was conducted. The complaint was given by one Esakkiyammal against five officers. The allegation in the complaint is regarding birth of still born baby and removal of uterus at Asaripallam Government Medical College Hospital, Kanyakumari District in which the petitioner claims that his role was very much limited. The departmental enquiry was initiated based on the complaint of Smt.Esakkiyammal dtd. 16/12/2019 and an enquiry was conducted and a report was submitted on 24/12/2019 regarding the treatment provided to Mrs.Abina, daughter of Smt.Esakkiyammal. The enquiry proceedings were closed by the Department, as there is no basis for such allegations.

(3.) The petitioner states that a fresh complaint was given by Mrs.Abina to the 3rd respondent and the learned counsel for the petitioner reiterated that such a complaint is motivated and given at the instance of the Deputy Director of Health Services. Based on the allegations of sexual harassment in the complaint given by Mrs.Abina, an Internal Complaints Committee was constituted and inquiry is proposed to be conducted. Challenging the said action, the present writ petition is filed seeking to drop all further proceedings.