Vipin Vijay v. Satyajit Ray Film And Television Institute (Srfti) And ORS
20.12.2024 Sl.No.21 Ct. No.15 S.A.
WPA 28334 of 2024 Vipin Vijay -vsSatyajit Ray Film and Television Institute (SRFTI) & Ors.
Mr. Debashis Banerjee Ms. Gargi Roy ...for the petitioner Mr. Sukanta Chakrabarty Mr. Anjan Chakraborty ...for respondent no.1 Mr. Lokenath Chatterjee Mr. Sukanta Ghosh ...for respondent nos.2 & 3 The petitioner challenges the preliminary inquiry report filed by the Internal Complaints Committee (ICC) of Satyajit Ray Film and Television Institute to enquire into a complaint lodged by Respondent No. 4 against the petitioner.
The petitioner contends that the findings of the Committee exceed the scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Furthermore, the petitioner asserts that in reaching its findings, the Committee examined 29 witnesses without providing the petitioner an opportunity to cross-examine them. Mr.
Sukanta Ghosh, learned counsel representing the Internal Committee, contends that while the petitioner claims that no opportunity to
cross-examine the witnesses was provided, the petitioner did not avail themselves of this opportunity. However, I am not inclined to interfere with the preliminary report at this stage, as the findings of the report are tentative in nature. I do, however, clarify that prior to the filing of the final report, the Committee must provide the petitioner with the opportunity to cross-examine the witnesses.
Additionally, it is further clarified that the Institute shall refrain from taking any coercive measures against the petitioner based on the preliminary report. It is also desirable for the Committee to conclude the inquiry as expeditiously as possible, preferably within a period of six months from the date.
Since the respondents have not filed an affidavit, the allegations made in the writ petition shall be deemed to have been denied by them.
Accordingly, WPA 28334 of 2024 is disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.
(Kausik Chanda, J.)