Poonam Oberoi & ORS v. State Of Punjab & ORS

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:05.12.2019 Poonam Oberoi and others ... Petitioners Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Rujhan Dhawan, Advocate for Mr. Karan Singla, Advocate for the petitioners.

Mr. Navdeep Chhabra, D.A.G., Punjab.

SUVIR SEHGAL J. (Oral) The petitioners have approached this Court seeking a direction to the official respondents No.1 to 3 to initiate the action against respondent No.4 for major mis-conduct. The petitioners had alleged that there were some serious allegations against respondent No.4. After hearing, this Court passed the following order on 26th July, 2017:- "Learned counsel for the petitioners submits that a detailed complaint was made against respondent No.4 levelling serious allegations of sexual harassment but no action has been taken. Notice of motion to respondents No.1 to 3 only. On the asking of the Court, Ms. Akshita Chauhan, AAG,

{2} Punjab, who is present in Court accepts notice on behalf of respondents No.1 to 3. Four sets of copy of petition be supplied to her during course of the day.

Learned State counsel is directed to get instructions with regard to constitution of any such Committee and also whether the complaint made by the petitioners has been referred to the Committee or not.

To come up on 8.8.2017."

In response, a short affidavit of Sh. Lokesh Kumar, Registrar Education Department, office of Director of Public Instructions (SE), Punjab, has been filed on behalf of respondents No.1 to 3. Para 3 and 4 thereof, reads as under:- "3.

That in compliance to above orders of this Hon'ble Court it is respectfully submitted that an enquiry regarding the allegations leveled against said Maninder Pal Singh, Principal, Govt. In Service Centre Patiala (respondent No.4) was referred to the committee consisting of three lady members under the chairmanship of Joint Secretary Education Punjab. It was held by the committee that said Maninder Pal Singh had used indecent words against lady staff and teachers and his attitude was also not good during the enquiry. So due to his behaviour the Chairman of the committee recommended strict disciplinary action against him. Keeping in view the

{3} recommendation of the said committee, the Secretary School Education vide his orders dated 31.10.2017 transferred Sh. Maninder Pal Singh as Assistant Director in the office of Director Public Instructions (SE) Punjab, S.A.S. Nagar. The Secretary School Education has also directed to issue charge sheet to Shri Maninder Pal Singh under Rule 8, Punjab Civil Services (Punishment and Appeal) Rules 1970, (a copy of transfer order dated 31.10.2017 is annexed herewith as Annexure R-1/T).

4.

That it is respectfully submitted that the cause for which the petitioners have filed the present civil writ petition in this Hon'ble Court has been redressed so the present civil writ petition is liable to be dismissed as infructuous. In view of above, the writ petition has been rendered infructuous and is dismissed as such.

(SUVIR SEHGAL) JUDGE December 05, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No