REKHA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of filing the present petition, the petitioner has urged to invoke the jurisdiction of this court under Article 226 of the Constitution of India to resolve her grievance in consonance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(2.) The petitioner joining at the Agricultural Research Service under Indian Council of Agricultural Research Centre [ICAR] was posted at ICAR Complex for North Eastern Hills Region, Tripura Centre. During her service she submitted a complaint on 05.12.2018 alleging sexual harassment as contemplated under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [for brevity, here-in-after referred to as Act of 2013]. Internal Complaints Committee submitted report wherein the Committee recommended the exoneration of respondent No.6. Against such recommendation, the petitioner preferred an appeal under Section 18(1) of the Act of 2013. Since the said statutory appeal is not disposed off, the petitioner has approached this court by way of invoking the jurisdiction of this court under Article 226 of the Constitution of India praying following reliefs:

(3.) There is no dispute that ICAR is a Central Government Organization in view of the notification of the Ministry of Personnel, Public Grievances and Pensions [Department of Personnel and Training], notification dated 20th April, 1987 published in the Gazette of India extraordinary, Part II, Section 3, sub-section (I). By this notification, in exercise of powers conferred by sub-section (2) of Section 14 of the Administrative Tribunals Act, 1985 [for short, A.T.Act of 1985], the Government has notified that respondent No.2 herein will fall within the jurisdiction of Central Administrative Tribunal [for short, CAT].