Reena Khatri v. National Law University Delhi & ORS.

$~A-21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5997/2020 REENA KHATRI ..... Petitioner Through Mr.Kirti Uppal, Sr.Adv.

with Mr.M.Amanullah, Ms.Soumya Bhaumik and Ms.Shabeena Anjum, Advs.

versus NATIONAL LAW UNIVERSITY DELHI & ORS....Respondents Through Mr.Sanjay Vashishtha, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 04.09.2020 This hearing is conducted through video conferencing. CM APPL. No.21652/2020(exemption) Allowed subject to all just exceptions.

W.P.(C) 5997/2020 & CM APPL. 21651/2020 1.

This writ petition is filed by the petitioner seeking to set aside the order passed by the Internal Complaint Committee (hereinafter referred to as the 'ICC') dated 15.11.2019. An appropriate direction is also sought to set aside/quash the memo dated 10.08.2020 issued on the basis of the Inquiry Committee Report.

2.

The petitioner had filed a complaint under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal), Act, 2013. Pursuant to the complaint, the concerned Internal Committee vide order dated 15.11.2019 has rejected the complaint of the petitioner. Certain directions have also been issued.

3.

Learned senior counsel appearing for the petitioner, apart from raising various submissions, submits that an appeal has been filed by the petitioner

on 14.12.2019, which has still not been adjudicated upon. 4.

Learned counsel for the respondent states that the document dated 14.12.2019 cannot be called as an appeal and in fact it is termed as a review application. It was put to the learned counsel for the respondent as to whether there is any format for appeal. He submits that there is no prescribed format.

5.

A perusal of the communication dated 14.12.2019 addressed to the Registrar of respondent No.1 shows that it raises various grounds challenging the order of the ICC dated 15.11.2019. 6.

In these circumstances, let the respondent/National Law University, Delhi treat the said communication dated 14.12.2019 as an appeal under section 18 of the NCTE Act and the same may be disposed expeditiously by appropriate authority as per law.

7.

The petitioner is free to apply to the appellate authority for a personal hearing. In case, such a request is made, the appellate authority will deal with the same as per law.

8.

The petitioner will not contact any of the members of the ICC. The respondents will maintain status quo regarding the Memo dated 10.08.2020 issued on the basis of the Inquiry Committee Report till disposal of the appeal.

9.

This order is passed without prejudice to the rights and contention of the parties.

10.

Nothing further survives in this petition. The petition is disposed of. All pending applications, if any, are also disposed of. JAYANT NATH, J.

SEPTEMBER 4, 2020/v