In The Matter Of Letter Dated 05.09.2017 Of Smt. Vandana Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13759 of 2017 ========================================== In The Matter Of Letter Dated 05.09.2017 Of Smt. Vandana Kumari.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Health Secretary, Govt. of Bihar.

4. The Chairman State Women Commission, Patna Bihar.

5. The Deputy Inspector General of Police, Munger.

6. The Superintendent of Police, Munger.

7. The Commissioner, Khagaria.

8. The District Magistrate, Khagaria.

9. The O.P. Incharge, Bharatkhand, O.P. (Parbatta), Khagaria. ... ... Respondent/s ========================================== Appearance :

For the Petitioner/s :

Mrs. Anju Mishra, Amicus Curiae For the State :

Mr. S.D. Yadav, AAG-9 ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-10-2018

1. The present public interest litigation has been registered suo motu on the letter written by the complainant alleging sexual harassment on the work place.

Patna High Court CWJC No.13759 of 2017 dt.01-10-2018 2/3

2. From the counter affidavit, it appears that subsequently an enquiry was conducted by the local committee constituted in exercise of power under Section 6 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 which was consisting of five members added by Smt. Meenu Kumari, Superintendent of Police, Khagaria. Out of five members, four participated in the enquiry and submitted the report having found no substance to the allegations.

3. Mrs. Anju Mishra, learned advocate, who is appearing as amicus curiae has submitted that the committee was not constituted in accordance to Sections 6 and 7 of the Act, 2013.

4. Without expressing any opinion on the same, we dispose of the present petition with observation that if at all the victim is aggrieved by the enquiry report and constitution of the committee, it will be open for her to challenge the same before the appropriate forum. As and when the same is challenged, it be considered in accordance with law.

Patna High Court CWJC No.13759 of 2017 dt.01-10-2018 3/3 4.1 We have not expressed anything in favour of other parties.

(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04/10/2018 Transmission Date