G.Sumathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY G. Sumathi ...

Petitioner -Vs1. The Secretary to Government Home Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Commissioner of Police Avadi Commissionarate, Chennai 600 053.

3. The Deputy Commissioner of Police, Visaka Committee Joint Commissioner of Police, Ambattur, Chennai 600 054.

4. Karunakaran

5. Kanagadasan ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 12.01.2024 and initiate Departmental Proceeding against the 4th & 5th respondents within a stipulated period.

For Petitioner : Mr.M.K.Bhoopathy Rajan For Respondents : Mr.P.Ganesan Government Advocate for R1 to R3

O R D E R

This writ petition is filed for a mandamus directing the second respondent to consider the petitioner's representation dated 12.01.2024 and initiate Departmental Proceeding against the 4th & 5th respondents within the stipulated period.

2. Heard both sides and perused the materials available on record.

3. On a perusal of the affidavit filed in support of the writ petition it can be seen that the grievance of the petitioner is that she is a co-employee of the 4th & 5th respondents and she had submitted a complaint alleging inappropriate conduct of the 4th & 5th respondents. When the matter came up for admission today, the learned Government Advocate appearing for the respondents 1 to 3 submitted that the complaint of the petitioner was referred to the committee constituted for Avadi Police Commissionerate in accordance with the Section 4 of the Sexual Harrassement of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013) and the committee further deputed an enquiry officer to conduct an enquiry and in the enquiry it was found that prima facie complaint is incorrect. A copy of the

enquiry report is also produced before this Court.

4. In view of the above submissions made by the learned Government Advocate for respondents 1 to 3, this writ petition is closed with liberty to the petitioner to take steps as may be permissible in law as against the said report. No costs.

03.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq To

1. The Secretary to Government Home Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Commissioner of Police Avadi Commissionarate, Chennai 600 053.

3. The Deputy Commissioner of Police, Visaka Committee Joint Commissioner of Police, Ambattur, Chennai 600 054.

D. BHARATHA CHAKRAVARTHY , J.

dpq 03.04.2024