Decided on September 29,2010

Seema Lepcha Appellant


DINAKARAN,J - (1.) HEARD Dr. Doma T. Bhutia, learned Counsel for the petitioner and Mr. J.B. Pradhan, learned Additional Advocate General for respondents No. 1 to 4 and 6. Also heard Mr. A. Moulik, learned Senior Counsel for respondents No. 5 and 8 and Mrs. Laxmi Chakraborty, learned Counsel for respondent No. 7.
(2.) THE grievance of the petitioner, as pleaded by her learned counsel Dr. Doma T. Bhutia, is that the petitioner was subjected to sexual harassment in her working place, namely, Central Bank of India, Gangtok Branch during the working hours on 01.03.2008. The complaint lodged by the petitioner on 01.03.2008 in that regard, in spite of an investigation conducted by the 6th respondent herein ended in vain, as per the final report dated 20.06.2008 submitted before the learned Chief Judicial Magistrate, East & North at Gangtok. 2.2 Hence, having no option, the petitioner has approached this Court on 27.04.2010 for issue of writ of Mandamus directing the State respondents No. 1, 2, 3, 4 and 6 to: (i) submit status report regarding the constitution of the complaint committee; (ii) constitute Complaint Committee as laid down in the guidelines, have sensitization training for the members of the Committee and also to have wider publication of the guidelines in the various Government departments and private sectors; (iii) frame a proper policy to combat the offence of sexual harassment; (iv) issue strict order to the Police personnel to conduct the training on sexual harassment at workplace to sensitize the officer in dealing the cases of sexual offence to women; and (v) handle the case properly with and try not to influence any complaint. Taking into consideration the grave nature of the complaint, this Court by order dated 19.08.2010 directed the Central Bank of India to get instructions on the following queries : (i) Whether any Complaint Committee as contemplated by the guidelines issued by the Apex Court in Vishaka and Others vs. State of Rajasthan and Others reported in (1997) 6 SCC 241 has been constituted to go into the sexual harassment in working places of the Bank (Management)? (ii) If so, whether the grievance of the petitioner has already been referred to such Complaint Committee? (iii) If not, what was the reason for not referring the impugned grievance to the Complaint Committee? (iv) If already the same is referred to, what is the stage of the proceedings before the Complaint Committee? (v) If the proceedings are already over, what are the findings of the Committee?
(3.) THE fair stand taken by the State Government as submitted by the learned Additional Advocate General, that the State Government is prepared to take all necessary steps to bring a proper legislation in compliance with the decision of the Apex Court in Vishaka & Others vs. State of Rajasthan & Others reported in (1997) 6 SCC 241, was appreciated and recorded in the said Order dated 19.08.2010.;

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