Surendra Singh v. Union Of India & ORS.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: November 2, 2022 + W.P.(C) 15150/2022 & CM. APPL. 46856/2022 SURENDRA SINGH ..... Petitioner Through:

Ms. Saahila Lamba and Ms. Tejasvi Rana, Advocate versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Pratima N. Lakra, CGSC, Mr. A.

Gopal, Asst. Commandant, CRPF for Respondents/UOI

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE SAURABH BANERJEE J U D G M E N T (oral) 1.

By way of the present writ petition, the petitioner seeks following reliefs:

(i) Issue a writ of certiorari quashing order dated 21.10.2022 issued by the respondents constituting an Internal Complaints Committee against the petitioner; (ii) Issue a writ of mandamus directing the respondents to constitute a fresh Internal Complaints Committee in strict compliance of provisions of Sexual Harassment of Women at Workplace Act, 2013 and Standing Order No.02/2017 dated 12.10.2017.

(iii) Issue a writ of mandamus directing the respondents that complainant is also required to be transferred out of 187 BN as the petitioner in order to conduct a fair and impartial W.P.(C) 15150/2022 By:BABLOO SHAH 19:49:22

enquiry into the matter.

iv) Issue a writ of mandamus directing the respondents to maintain strict confidentiality of the enquiry and also information related to the subject matter as per that complainant is also required to be transferred out of 187 BN as the petitioner in order to conduct a fair and impartial enquiry into the matter as per Standing Order No.02/2017 as also Section 16 of POSH Act.

2.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has made a representation dated 27.10.2022, however, till date, the said representation has not been decided by the respondents. 3.

Learned counsel appearing on advance notice on behalf of the respondents, on instructions, submits that till a decision is taken on the representation dated 27.10.2022, the respondents shall not take further steps pursuant to order dated 21.10.2022.

4.

Accordingly, we hereby dispose of the present petition alongwith the pending application, directing the respondents to take a decision on the representation dated 27.10.2022 made by the petitioner within two weeks and communicate the result thereof to the petitioner within one week thereafter.

Copy of this order be given dasti under the signature of the Court Master.

(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE) JUDGE NOVERMBER 2, 2022/akr W.P.(C) 15150/2022 By:BABLOO SHAH 19:49:22