Reka .R v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 20.02.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.17 of 2024 R.Reka ....Petitioner Vs 1.The Secretary to Government, The School Education Department, St.George Fort, Chennai.
2.The Director, School Education Department, DPI Complex, College Road, Chennai.
3.The District Collector, Sivagangai District, Sivagangai.
4.The Chief Educational Officer, Sivagangai District, Sivagangai.
5.The District Educational Officer, Thiruppathur Educational District, Sivagangi District.
6.The Block Educational Officer, Block Educational Office, S.Pudur Union, Singampunari Taluk, Sivagangai District.
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7.S.Selvamani 8.G.Karuppasamy
...Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 herein to take action under the provisions of the sexual harassment of Women at work place Prevention, Prohibition and Redressel) Act, 2013 against the 7th respondent herein as per the complaint given by the petitioner dated 28.08.2023 within a time stipulated by this Court.
For Petitioner : M/s.S.Bharathy Kannan For R1 - R6 : Mr.N.Ramesh Arumugam Government Advocate For R7 : Mr.T.Aswin Rajasimman for Lajapathi Roy Associates For R8 : Mr.SP.Manickam
ORDER
The present writ petition has been filed seeking a direction to the respondents 1 to 6 herein to take action under the provisions of the sexual harassment of Women at work place Prevention, Prohibition and Redressel) Act, 2013 against the 7th respondent herein as per the complaint given by the petitioner dated 28.08.2023 within a time stipulated by this Court. 2/5
2. The only claim of the petitioner is to constitute a Internal Complaints Committee in the matter pertaining to the complaint of the petitioner, dated 28.08.2023 for the alleged incident, dated 25.04.2022.
3. The learned counsel appearing for the 7th respondent vehemently submitted that he is ready to face the enquiry and he should be put on notice and given with all the opportunity in defending his case.
4. The learned Government Advocate submitted that on receipt of the complaint from the petitioner, they have duly issued notice to the 7th respondent vide notice, dated 28.11.2023 and 08.01.2024.
5. In view of the said submission, this Court hereby direct the 5th respondent to forthwith form an Internal Complaints Committee as per Section 4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressel) Act, 2013 with respect to the compliant of the petitioner, dated 28.08.2023 and on formation of the same, the Internal Complaints Committee is directed to put the 7th respondent on notice and afford him with all opportunity to defend the complaint made by the petitioner as against him and dispose off the same within a period of six (6) weeks from the date of constitution of the Internal Complaints Committee. 3/5
6. With the above said observations, this Writ Petition stands disposed of. No costs.
20.02.2024 Internet : Yes Index : Yes/No NCC : Yes/No gbg To 1.The Secretary to Government, The School Education Department, St.George Fort, Chennai.
2.The Director, School Education Department, DPI Complex, College Road, Chennai.
3.The District Collector, Sivagangai District, Sivagangai.
4.The Chief Educational Officer, Sivagangai District, Sivagangai.
5.The District Educational Officer, Thiruppathur Educational District, Sivagangi District.
6.The Block Educational Officer, Block Educational Office, S.Pudur Union, Singampunari Taluk, Sivagangai District.
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L.VICTORIA GOWRI, J.
gbg W.P.(MD).No.17 of 2024 20.02.2024 5/5