Rita Sil v. The Administrator (Lieutenant Governor) And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/139/2020 With WPA/190/2021 Rita Sil Vs.

The Administrator (Lieutenant Governor) and Others Mrs. Anjili Nag .... for the petitioner February 21, 2024 [AKB] Item No.25 & 26 RE: WPA/139/2020 Heard learned advocate for the petitioner.

None appears for the respondents.

It appears on record annexed to the writ petition at page 45 that a representation on 17th July, 2020 was made by the petitioner against the private respondents for the alleged sexual harassment at the working place in question and it is the case of the petitioner that till date nothing has been done on the aforesaid representation by the Administrative Officer, Port Blair Municipal Council before whom the representation was made and the said authority is sitting over the said representation.

Considering the facts and circumstances of the case, this writ petition being WPA/139/2020 is disposed of by directing the respondent authority concerned to consider and dispose of the aforesaid representation of the petitioner dated 17th July, 2020 in accordance with law and by passing a reasoned and speaking order after giving opportunity of hearing to the petitioner and the private respondents, within a period of four weeks from the date of communication of this order and to communicate the decision to be taken by the authority to the petitioner on the aforesaid representation within two weeks from the date of taking such decision.

RE: WPA/190/2021 Heard learned advocate appearing for the petitioner. None appears for the respondents.

By this writ petition, petitioner has challenged the impugned order of penalty dated 25th November, 2020 imposed on the petitioner, on the ground of violation of principle of natural justice by not giving any opportunity of hearing to the petitioner before passing such adverse order and even without initiating any proceeding against the petitioner. It is well settled principle of law that any order passing against a person which is adverse to his interest, he must be given opportunity of hearing which formality has not been complied in this case admittedly and even in the respondent's affidavit-in-opposition no documents has been annexed in this regard.

Considering the facts and circumstances of the case and submissions of the parties and even without going into the merit of the impugned order of penalty, on the ground of violation of principle of natural justice itself, the aforesaid impugned order dated 25th November, 2020 is set aside and the matter is remanded back to the respondent authority concerned to pass a fresh order in accordance with law and by passing a reasoned and speaking order after giving opportunity of hearing to the petitioner or her authorized representative, within a period of six weeks from the date of communication of this order.

(Md. Nizamuddin, J.)