The Allahabad High Court has directed to form an internal complaint committee in the school and conduct an investigation into the case of a teacher doing filthy words with a female peon appointed as a dependent of the deceased.
A Single Bench of Justice Vikas Budhwar passed this order while hearing a petition filed by a female peon.
The case of the petitioner is that the fifth respondent, Zila Panchayat Girls Inter College, Ugrasenpur, Prayagraj is an institution which imparts education into Class-12 and it is being managed by the third respondent, Zila Panchayat Parishad through its Chairman and the said institution is recognised by the U.P Board of High School and Intermediate and its run under the provisions of U.P Intermediate Education Act, 1921.
The petitioner claims to be the widow of the deceased Rakesh Mani Tripathi who died in harness pursuant whereto the writ petitioner was accorded compassionate appointment as Peon on 5.3.1993 till that date she is working.
As per the petitioner the sixth respondent came to be transferred from Raghunandan Inter College, Chharra, Aligarh to the institution in question on 1.11.2014 as Assistant Teacher.
The petitioner alleged that she had been meted with certain filthy words which even in fact attempted to trenched into her modesty compelling her to lodge complaints which culminated into lodging of an FIR against the sixth respondent in Police Station Phoolpur, Prayagraj as Case on 6.9.2022 under Sections 504, 506, 554 of the IPC.
The petitioner submitted that she forwarded complaints against the sixth respondent before the third and fourth respondents through proper channel i.e 5th respondent on 12.9.2022 along with the complaints earlier lodged on 26.8.2022 and 27.8.2022.
It is further the case of the petitioner with respect to any other incident relatable to some other person and inquiry was initiated against the sixth respondent.
The grievance of the petitioner is that despite the fact that she has lodged complaint against the sixth respondent and the said complaint comes within the ambit and the purview of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (Act No 14 of 2013) notified on 22.4.2023 putting the employer under obligation to constitute an Internal Complaint Committee as per Section 4 read with Sub-Clause (v) of Subsection (2) of Section 3 of 2013 but Internal Complaint Committee has not been constituted as per the statute giving room to the sixth respondent to perpetuate illegality.
Prayer in the petition is for a direction to the respondents, to constitute Internal Complaint Committee pursuant to the complaints of the petitioner dated 26.8.2022 and 27.8.2022 and conclude to its logical end.
Devendu Tripathi, who appears for the respondents no 3 and 5 has produced before this Court two sets of document one being the inquiry report under the signature of Additional Chief Officer, Zila Panchayat, Prayagraj and of the Principal Zila Panchayat Prayagraj and the second document being communication dated 19.10.2022 under the signature of the Chairman/Manager, Zila Panchayat, Prayagraj whereby Head Mistress, Zila Panchayat Balika Inter College Sirsa Prayagraj has been made the member of the inquiry committee.
On a pointed query being raised to Devendu Tripathi, as well as Standing Counsel for the respondents as to whether the appointment of Head Mistress, Zila Panchayat Balika Inter College, Sirsa Prayagraj as an Internal Inquiry Committee is sufficient compliance of the provisions contained under Section 4 of the Act, 2013 or not to which they submit that the said Committee does not test the validity of the said provisions.
According to Tripathi, a Committee as per Section 4 of the 2013 Act will be constituted which shall investigate the matter and tender their report. The said submission is accepted by the Saurabh Trivedi Standing Counsel. The respondents at this stage submitted that they do not propose to file any response to the petition.
To such a submission, counsel for the petitioner has no objection and he gracefully accepts the same.
Considering the submissions of the rival parties as well as stand taken by them, the Court disposed of the petition with the mandamus commanding the Zila Panchayat (Competent Authority) to constitute an Internal Complaint Committee as per Section 4 of the 2013 Act empowered to conduct inquiry and to submit a report with most expedition within a period of two months from the date of presentation of the certified copy of the order.
At this stage, Alok Kumar Yadav, Counsel for the petitioner submitted that he apprehends that the sixth respondent may tamper with the inquiry and will also create problems vis-a-vis the writ petitioner and he seeks to rely upon Section 12 of 2013 Act.
Be that as it may be, it is open for the petitioner to claim the benefit if it is advisable and provided under Section 12 of the 2013 Act, the Court said.