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Bombay High CourtWP/3162/2024disposed off

Vajreshwari S. Annaldasula v. State Of Maharashtra Thr. The Secretary Education Department And ORS

2024-10-15Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice M. M. Sathaye2 pages

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20-WP-3162-2024 (C)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3162 OF 2024 Vajreshwari S. Annaldasula

...Petitioner

Versus

State Of Maharashtra Thr. The Secretary Education Department And Ors.

...Respondents

...

Mr. Ramesh Ramamurthy a/w Mr. Saikumar Ramamurty, Advocate for the Petitioner.

Ms. Reena Salunkhe, AGP, for the Respondent No.1. Mr. Ravi Shetty, Senior Advocate a/w Mr. Ishwar Nankani & Huzefa Khokhawala i/b. Nankani & Associates for Respondent Nos.2 and 3.

Mr. Jagdish Choudhary i/b. M/s Raj Legal for Respondent No.5. ...

CORAM : RAVINDRA V. GHUGE by PALLAVI MAHENDRA WARGAONKAR Date:

2024.10.16 18:41:34 +0530 & M.M. SATHAYE, JJ.

PALLAVI MAHENDRA WARGAONKAR DATE :- 15th OCTOBER, 2024 Per Court :- 1.

The thrust of the Petitioner's case is that in her complaint of sexual harassment against Respondent No.5, the inquiry was conducted on two dates and was closed. Thereafter, the report was furnished for closing the complaint. This reveals that statement of 13 witnesses, which were referred to in the report, were not recorded in the presence of the Petitioner during Pallavi Wargaonkar, PS

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20-WP-3162-2024 (C) the inquiry. The contention therefore, is that they were examined after closing inquiry and in the absence of the Petitioner. 2.

Since we are looking at this primary contention, we would expect the learned Advocate representing Respondent Nos.2 and 3, to apprise the Court as regards the dates on which the inquiry was conducted and the dates on which these 13 witnesses were examined, as also, whether they were examined in presence of the Petitioner.

3.

List this Petition on 22nd October, 2024 in the passing orders category.

(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) Pallavi Wargaonkar, PS