Sharanjeet Kaur v. Idbi Bank Ltd

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1841/2021, CM APPLs. 5337/2021, 5338/2021, 5339/2021, 33339/2021, 29319/2022, 29320/2022 SHARANJEET KAUR ..... Petitioner Through:

Mr. Kapil Sankha, Mr. Akhilesh Aggarwal, Ms. Fagun Sharma, Mr.

Hanish Phogat and Mr. Gopesh Jindal, Advocates.

versus IDBI BANK LTD ..... Respondent Through:

Mr. Maninder Acharya, Sr. Advocate with Mr. Sidhartha Barua and Mr.

Akash Mohan Srivastav, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.04.2024 1.

The Petitioner has approached this Court challenging the Order dated 16.03.2020 passed by the Internal Complaints Committee (ICC) of the Respondent No.1/IDBI Bank Ltd. closing the complaint of the Petitioner. 2.

Section of 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013 reads as under: "18. Appeal.-(1) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of subsection (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or nonimplementation of such recommendations may prefer The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 12:09:46

an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

(2) The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations."

3.

In view of the fact that there is an alternate efficacious remedy available to the Petitioner, this Court is not inclined to entertain the writ petition.

4.

It is always open for the Petitioner to avail of the alternate efficacious remedy in accordance with law.

5.

Needless to state that as and when the alternate efficacious remedy is availed of by the Petitioner, Section 14 of the Limitation Act will come to the aid of the Petitioner inasmuch as the time between filing of the writ petition till the disposal of the writ petition will not be taken into account while calculating the limitation.

6.

In view of the above, the writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J APRIL 9, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 12:09:46