BANANI CHATTOPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The complainant of sexual harassment has filed this writ petition praying for a writ of mandamus to command the respondents to dispose of her complaint afresh after constituting a committee comprising of neutral persons upon quashing the report of the Internal Complaint Committee and to reinstate her to the post of advisory assignment.

(2.) Shorn of unnecessary details, the facts relevant for the purpose of disposal of this writ petition are as follows-

(3.) The writ petitioner was the Deputy Manager (technical and co- ordination) of Hindustan Cables Ltd. (for short "HCL") and was posted at its corporate office. Following a decision of the cabinet to close down the company, a voluntary retirement scheme was floated by HCL and the writ petitioner applied under said scheme and was allowed to retire from service on January 31, 2017. Thereafter, she was engaged on temporary basis against consolidated consultancy fees from time to time. She was ultimately released from her temporary engagement as Advisor (Accounts) on April 30, 2018. Immediately, thereafter she lodged a complaint to the Department of Heavy Industries (for short "DHI") as well as before other authorities vide letter dated May 9, 2018 stating that she had been subjected to sexual harassment by the respondent no. 9 since the beginning of the last quarter of 2016. It was categorically stated in the said letter that there is no Internal Complaint Committee (for short "ICC") where she can lodge a complaint and as such she by the said letter requested the authorities to investigate her complaint through a committee consisting of neutral members as per law. DHI forwarded the complaint to HCL and the ICC constituted by HCL directed the petitioner to attend the proceeding.