REKHA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 17th May 2021 passed in WP(C) No.243/2021. A short prayer of the petitioner for expeditious disposal of her appeal against the report of the Internal Complaints Committee ('ICC' for short) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter to be referred to as 'the Act of 2013'), has run into jurisdictional debate. In order to decide whether this seemingly innocuous prayer of the petitioner can be granted by the High Court, we shall have to cross the threshold question of maintainability of her petition.

(2.) As briefly as possible, the relevant facts may be narrated :

(3.) This petition came to be dismissed by the learned Single Judge by the impugned judgment holding that the proceedings and the report of the ICC has to be treated as a service matter, more so when the private respondent is the employee of the ICAR. Referring to the provisions of the Administrative Tribunals Act, 1985 (hereinafter to be referred to as 'the said Act of 1985'), the learned Single Judge formed an opinion that the subject matter of the writ petition can be entertained by the Administrative Tribunal set up under the said Act and in view of the decision of the Supreme Court in case of L. Chandrakumar v. Union of India and Ors. reported in (1997) 3 SCC 261, the High Court at the first instance, would not entertain the writ petition. The learned Judge was of the opinion that the grievance of the petitioner falls within the ambit of 'disciplinary matters' as referred to in the definition Section 3(q) of the Act of 1985.