KALYANI MEHTA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner has prayed for issuance of a direction to the respondent nos. 5 to 8 to submit an action taken report on the complaint made by the complainant, as contained in Annexure-1 series to this writ petition. She has also prayed to call for a report from the respondents nos. 5 to 8 as to why a fact finding committee be not constituted on the complaint made against the respondent no. 9, as contained in Annexure-1 series and after having full proof probe book respondent no. 9 under various provisions of the Penal Code as well as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3.) Learned counsel for the petitioner submitted that the petitioner is posted as an Auxiliary Nurse Midwife (ANM) at Sub-divisional Medical Hospital, Triveniganj, Supaul. In the same hospital, respondent no. 9 is also posted as a Medical Officer. He runs a nursing home in the name and style of Om Subhadra Hospital, which is situated in front of Sadar Hospital, Triveniganj. He puts pressure upon the petitioner to provide her services in his nursing home. As she does not find spare time, she has refused to work in his nursing home. Her refusal has caused annoyance to him. On 25/10/2018, he threatened the petitioner that she will be abducted, raped and killed, if she would not agree to his proposal. Being aggrieved by the aforesaid atrocious acts of omission and commission, at the hands of respondent no. 9, she submitted a representation to the Civil Surgeon, Supaul on 26/12/2018. She also filed an informatory petition under Sec. 39 of the Code of Criminal Procedure (for short 'CrPC') in the court of Sub-divisional Officer and an information in this regard was also given to the Officer-in- charge of Mahila Police Station, Supaul and the Incharge Deputy Superintendent, Sub-divisional Hospital Triveniganj, Supaul, but no action was taken by the respondents so far.