Madras High CourtWP(MD)/19625/2025disposed of

R.Reka v. The Secretary To Government

2025-07-29Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.19625 of 2025 and W.M.P(MD) No.15867 of 2025 R.Reka ... Petitioner Vs.

1. The Secretary to Government, School Education Department, St.George Fort, Chennai -600 006.

2. The Director, School Education Department, DPI Campus, College Road, Chennai - 600 006.

3. The District Collector, Sivagangai District, Sivagangai.

4. The Chief Educational Officer, Sivagangai District, Sivagangai.

5. The District Educational Officer, (Elementary) Devakottai, Sivagangai District.

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6. The Block Educational Officer, Block Educational Office, S.Pudur Union, Singampunari Taluk, Sivagangai District.

7. The Chairperson, Internal Complaint Committee/ District Educational Officer -1, Singampunari, Sivagangai District.

8. S.Selvamani

9. G.Karuppasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 5th respondent vide Na.Ka.No. 2785/A5/ 2023, dated 09.04.2025 and to quash the same as illegal arbitrary and consequently direct the 2nd respondent to conduct the enquiry in any other district in free, fair and transparent manner, undue influenced by the respondents 8 and 9, by considering the petitioner's representation dated 06.02.2025.

For Petitioner : Mr.S.Bharathy Kannan For R1 to R6 : Mr.M.Sidharthan Additional Government Pleader 2/6

O R D E R

The present Writ Petition has been filed challenging the communication of the fifth respondent dated 09.04.2025, wherein the request of the petitioner to transfer the enquiry to some other District has been rejected.

2. The petitioner herein has given a complaint as against the eighth respondent under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. An enquiry was conducted by the Internal Complaints Committee and report has been submitted to the effect that the allegation as against the eight respondent has not been proved. After the submission of the report, the petitioner has made a request to the second respondent to conduct an enquiry in any other District on the allegation that the enquiry has been conducted under the influence of the respondents 8 and 9. This request has been rejected under the impugned order. Challenging the same, the present Writ Petition has been filed.

3. The narration of the facts above will clearly indicate that as on today the complaint is not pending and it has been concluded. Therefore, the 3/6

question of transferring the complaint for the fair enquiry to another District does not arise. In case, if the petitioner is aggrieved over the enquiry report, it is always open to the petitioner to file an appeal as contemplated under the Rules.

4. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

29.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6

1. The Secretary to Government, School Education Department, St. George Fort, Chennai -600 006.