RAKESH MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is sought to be invoked by filing this writ petition whereby the petitioner has put to challenge the arbitrary action taken against him on the basis of certain allegations which had culminated in an order dtd. 3/9/2021 by which the petitioner has been suspended for six months and also directed to move out from the hostel within two days.

(2.) The petition has been structured on the premises that the action against the petitioner is based upon the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 2013 Act). It is the specific case of the petitioner that the provisions of the 2013 Act, which lays down the safeguards, have been blatantly violated rendering the impugned action non est in law.

(3.) To appreciate the issue involved, it would be convenient to narrate the facts of the case in brief.