JAYA KODATE Vs. RASHTRASANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY

JUDGEMENT

(1.) ALL these petitions raise identical challenges. Petitioner in Writ Petition No. 3449/2013 is working as an Assistant Professor in Geology in Shri Shivaji Science College, Congress Nagar, Nagpur. Her prayer is to quash and set aside the order of transfer dated 25.06.2013, and to direct the respondent no. 4 - Principal of that College and Respondent no. 5 - Principal in -person to initiate departmental enquiry against the respondent no. 6, who happens to be the Head of the Department of Geology. Enquiry is sought on the ground of her 'sexual harassment'. Prayer clause (ii) in the petition is to direct the respondent nos. 1 to 3 to constitute Internal Complaints Committee under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as "the 2013 Act" for short). This Court has granted interim orders of status -quo, but according to the employer the petitioner was already relieved. Respondent no. 1 in the petition is the University to which the respondent no. 3 College is affiliated. While respondent no. 2 is the Joint Director of Higher and Technical Education of State of Maharashtra.

(2.) PARTIES have completed their arguments on the preliminary points on 25.02.2014. After hearing the respective Counsel on that date, this Court has passed the following order.

(3.) IN all these Writ Petitions, on 18.12.2013, after hearing the respective Counsel, this Court has passed the following order : -