Chandrakala Prakash Mali v. The State Of Maharashtra And Others

05 WP 8953 OF 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.8953 OF 2021 CHANDRAKALA PRAKASH MALI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Ms. Kazi Sabahat T. AGP for Respondents No.1 : Mrs. M.A. Deshpande Advocate for Respondent Nos. 2 to 4 : Mr. Chaitanya C. Deshpande Advocate for Respondent No. 5 : Mr. Kunal Kale h/f Mr. Deshmukh Devang R.

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24.07.2023 PER COURT :

We have heard both the sides.

2.

The petitioner's daughter has been studying in the college being run by the respondent-management. She had a grievance about sexual harassment by the respondent No. 5-faculty member. The petition has been filed after the Vice Principal of the College by the impugned communication informed the petitioner that for the self-same grievance of harassment her daughter had filed F.I.R. and a crime was registered and therefore till the time the criminal case was not disposed of no enquiry can be conducted into the allegations.

3.

By the order dated 15.11.2022 we had expressly directed the respondent No. 4 to file an affidavit giving details about constitution of the committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013. Pursuant to such direction the learned advocate for the respondent Nos. 2, 3 and 4 tenders across the 1/2

05 WP 8953 OF 2021.odt Bar an affidavit sworn in by the respondent No. 2-Tanaji Bharat Valvi, who is Secretary of the institute inter alia informing the composition of the committee in paragraph No. 4. Pertinently, in paragraph No. 5 of the affidavit commitment has been made for commencing the enquiry within two weeks and its conclusion within five weeks. 4.

Considering the limited prayer being made by the petitioner, now that the management has informed about composition of the committee and has undertaken to take it to the logical end, we dispose of the writ petition by directing the respondent-management and the committee constituted by it to commence the proceeding immediately and conclude it within eight weeks.

5.

The notice issued by us pursuant to the order passed on the last date for initiation of a proceeding under the Contempt of Courts Act, 1971 is revoked.

( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2