Mamta Lall v. The Chief Secretary And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/426/2024 Mamta Lall Vs The Chief Secretary and others Ms. A.S.Zinu ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Mr. Rakesh Pal Gobind ... for the private respondent September 02, 2024 [SR] Item No.1 The petitioner has challenged the report of the Internal Complaint Committee (ICC) in connection with a complaint under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as "the said Act"). The said Act prescribes for an appeal provision under section

18. In view of the alternative statutory remedy available to the petitioner, and which can take into account the factual aspects of the matter, the petitioner is directed to approach the appellate forum.

The writ petition is accordingly disposed of allowing the petitioner to approach the appellate forum under section 18 of the said Act within a period of fortnight from date. In the event the petitioner approaches the appellate forum within the time stipulated, the appeal shall be heard on merits without going into the aspect of limitation.

It is made clear that this Court has not gone into the merits of the matter. The appellate forum shall not be influenced in any

manner whatsoever by any observation made in this order and shall independently decide all the issues in accordance with the applicable legal provisions save and except that the delay, if any, in filing the appeal, should not be gone into.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Arindam Mukherjee, J. )