S v. Union Of India & ORS.

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6213/2024 S ..... Petitioner Through:

Dr. Swati Jindal Garg, Mr. Sowmya China, Mr. Abhimanyu Kumar and Ms. Nidhi Kumar, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Radhika Bishwajit Dubey, CGSC for R-1.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 02.05.2024 CM APPL. 25888/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 6213/2024 1.

The Petitioner has approached this Court with the following prayers: "i. Issue a Writ of Mandamus Directing the Respondents to provide redressal to the petitioner along with the report of the departmental committee formed as per order dated 16.11.2023 qua her complaint of sexual harassment, ii. Issue Writ of Mandamus, directing the Respondents to accept the petitioner's resignation Dt: 14.02.24, iii. Direct the Respondents to release the Petitioner's pending Salary, Travel Allowance (TA), Dearness The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Allowance (DA), Outstanding Dues, Gratuity, and National Pension System (NPS) contributions.

iv. Direct the Respondents to pay exemplary costs and Additional Damages as deemed appropriate by this Hon'ble Court to the Petitioner for all the hardships faced by her, including but not limited to:

(a)the Non-constitution of a standing IC at her Workplace, (b)the harassment faced by her at the hands of the authorities concerned, (c)the workplace harassment faced by her at the hands of Teachers, staff members and other officers of the respondents, v. Pass such order and or further orders as this Hon'ble court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

2.

A perusal of the facts as stated in the writ petition reveals that the Petitioner was appointed as a TGT (Hindi) in Poonch, Jammu and Kashmir and she was transferred to several places. Complaints of harassment are in Rajasthan and Haryana.

3.

No cause of action or even a part of the cause of action arises within the territorial jurisdiction of this Court. It is well settled that cause of action depends on a bundle of facts. None of the facts as revealed in the writ petition arises within the jurisdiction of this Court. This Court is, therefore, not inclined to entertain the present writ petition only on the ground of territorial jurisdiction.

4.

The writ petition is disposed of, along with pending application(s), if The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any. It is made clear that this Court has not expressed any opinion on the facts of the present case.

5.

It is always open for the Petitioner to approach the Court of competent jurisdiction for redressal of her grievances. SUBRAMONIUM PRASAD, J MAY 2, 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.