Bihar Pradesh Vidyut Shramik Sangh Affiliated To Bhartiya Majdoor Sangh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14793 of 2022 ====================================================== Bihar Pradesh Vidyut Shramik Sangh, affiliated to Bhartiya Majdoor Sangh Through its General Secretary, Ranjeet Kumar Mishra, aged 41 about years, Male, Son of Late Arvind Mishra, resident of F-(Hudco) 170, Rajbanshi Nagar, B.S.E.B Colony, P.S.- Shastri Nagar, Patna, Phulwari, Patna, L.B.S. Nagar, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary, Energy Department, Government of Bihar, Patna. 3.

The Chairman-cum-Managing Director, Bihar State Power Holding Company Limited Vidhyut Bhawan, Bailey Road, Patna. 4.

The Managing Director, South Bihar Power Distribution Company Limited Vidhyut Bhawan, Bailey Road, Patna.

5.

The General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking Mangles Road, (PESU), Patna.

6.

The Electrical Superintending Engineer, Electric Supply Circle, PESU, (west) Mangles Road, Patna.

7.

The then Electrical Executive Engineer (Manoj Kumar), Electric Supply Division, Danapur, Patna.

8.

The Administrative Officer (Manoj Kumar), Electric Supply Division, Danapur, Patna.

9.

S.M. Nasimuddin Ahamd, Anand Bazar, Danapur Cantt, Patna. 10.

Electrical Junior Engineer, Electric Supply Section, Durgawati (Bhabhua, Kaimur).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Rai, Advocate For the Respondent/s :

Mr.Yogendra Prasad Sinha, AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the

Patna High Court CWJC No.14793 of 2022(2) dt.04-11-2022 2/3 proceedings through Video Conferencing from their residences/offices.) 04-11-2022 The petitioner has prayed for the following relief/s :- "To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding and directing upon the respondents to protect the life and liberty of the women in terms of Vishakha guidelines superseded by the Sexual Harassment of women at the workplace (Prevention, Prohibition and redressal) Act, 2013. Further, it is respectfully submitted that the Respondent Authority has not complied with the direction of this Hon'ble Court passed in earlier writ application bearing CWJC No. 3145 of 2022 which amounts to contempt of this Hon'ble High Court.

(ii) To direct the respondents to take appropriate legal action against the Respondent No.7, the then Electrical Executive Engineer (Manoj Kumar) and Administrative Officer, Electric Supply Division (Manoj Kumar) who were instrumental in threatening the life of the victim Assistant Electrical Engineer, Sanju Kumari. Furthermore, respondent authority be directed to take action in the complaint of the Pradipika Kumari against regarding torturing and harassing by Durgawati (Ramakant Singh). But, no action has been taken against the erring officials till date despite the fact that they have committed irreparable loss to the life and prestige of the aforesaid ladies/women employee.

(iii) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with

Patna High Court CWJC No.14793 of 2022(2) dt.04-11-2022 3/3 liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

It stands clarified that all issues of fact and law are left open to be agitated before the competent authority. The petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Ashwini/Sujit U