Kulwinder Kaur v. Bharat Heavy Electrical Limited

C. W. P. No. 10822 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 124 Case No. : C. W. P. No. 10822 of 2015 Date of Decision : May 26, 2015 Kulwinder Kaur ....

Petitioner Vs.

Bharat Heavy Electrical Limited and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * To be referred to Reporters or not ?

Whether the judgment should be reported in the digest ? * * * Present :

Mr. Sanjeev Sharma, Advocate for the petitioner.

* * * DEEPAK SIBAL , J.

:

Through the present petition, the petitioner seeks the issuance of a direction to respondent no. 4 - National Commission for Women (hereinafter referred to as - the Commission) to reopen and reconsider the complaint filed by the petitioner against respondent no. 3 with regard to sexual harassment.

A perusal of the order dated 03.01.2013 passed by the

C. W. P. No. 10822 of 2015 2 Commission (Annexure P-17) shows that the complaint of the petitioner had been referred and investigated by the Internal Complaints Committee (ICC) (hereinafter referred to as - the Committee) constituted by the employer of the petitioner, which found that the charges levelled by the petitioner were baseless. The order further shows that the findings of the aforesaid Committee were placed before a Division Bench of this Court in a writ petition preferred by the petitioner challenging her transfer and after going through the report, the Division Bench found that the report by the Committee was based on proper evidence. Accepting the findings of the report, the writ petition preferred by the petitioner was dismissed. Accordingly, the Commission, vide order dated 03.01.2013, dismissed the complaint filed by the petitioner.

The complaint filed by the petitioner has been investigated by the aforesaid Committee, the findings of which were placed and accepted by the Division Bench of this Court, while considering the challenge to a transfer order of the petitioner. The findings by the Committee have also not been interfered with by the Commission. The relevant findings of the Division Bench in C. W. P. No. 7696 of 2006 - Kulwinder Kaur vs. Bharat Heavy Electrical Ltd. & Ors., decided on 10.07.2006, are reproduced below for ready reference :- "...The complaint has been duly investigated by a duly constituted

C. W. P. No. 10822 of 2015 3 committee. There is no material on record to show that the findings of the enquiry committee are either arbitrary or based on no evidence."

In view of the above, finding no merit in the present writ petition, the same is ordered to be dismissed. No costs.

( DEEPAK SIBAL ) JUDGE May 26, 2015 monika