M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to filing of the complaint made by the petitioner under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (in short the 'Act of 2013'). The Internal Complaint Committee rejected the complaint vide its order dated 13.1.2015.
(2.) Learned counsel for the petitioner submits that the complaint taken up by the Committee was not submitted by the petitioner and even it was undated. It was a manipulated complaint made to the Committee. The petitioner was yet served with the notice and reply was given to it on 2.9.2014. She made allegation/complaint for the first time in the reply. The Committee has addressed the undated complaint not made by the petitioner and thereby the finding of the Committee deserves to be set aside. It is also stated that the procedure on a complaint has been flouted, thereby, finding of the Committee suffers from non-application of procedure. In view of the above also, order of the Committee dated 13.1.2015 deserves to be set aside.
(3.) It is stated that series of incidents took place regarding sexual harassment. The petitioner had approached to the police for lodging an FIR and, ultimately, sought leave due to incidents. All those facts have not been noticed by the Committee in the order. The required procedure has not been applied thus the matter may be sent back to the Committee for afresh decision after applying the procedure given under the Act of 2013.;