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2025 DAILYLAW 117966 (ALL)

SHIKHA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

CRLP/473/2025 · 2025-01-23

Om Prakash Shukla, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4443-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 473 of 2025 Petitioner :- Shikha Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Shiv Kumar Yadav,Mata Prasad Chaturvedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for State-opposite party Nos.1 to 3. 2. This petition has been filed with the following main prayers :- "I. To issue a writ order or direction in the nature of mandamus commanding the opposite parties no.1 to 4 to take appropriate action against the opposite party no.5 to save the personal life and liberty of petitioner. II. To issue a writ order or direction in the nature of mandamus commanding the opposite party no.1 to 4 to provide protection from opposite party no.5" 3. It has been submitted by learned counsel for the petitioner that the petitioner is presently posted as District Mission Manager in District Unnao under "National Rural Livelihood Mission Scheme" and has been doing her work since 2018. The opposite party No.5, who is an I.A.S. Officer has taken charge as Chief Development Officer in February, 2024 and the petitioner being his subordinate, she is being sexually harassed by the opposite party No.5. When the petitioner protested, the opposite party No.5 has started harassing the petitioner professionally making a difficult for her to work. She has, therefore, filed this writ petition with the aforesaid prayers. 4. Learned A.G.A. has produced before this Court detailed instructions sent by the Chief Development Officer, Unnao (opposite party No.5), it has been stated in said instructions that on a complaint being made under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 by the petitioner, an enquiry was held in pursuance of the Vishakha guidelines and such enquiry is still in progress. 5. Certain other facts have been mentioned by the Chief Development Officer concerned regarding a preliminary enquiry having been instituted by a committee to find out the financial irregularities that have been committed by the petitioner as District Mission Manager. As a counterblast to such enquiry having been set up that this petition has been filed. 6. Having gone through the said instructions which are detailed in nature along with enclosures, we direct the same to be kept on record. We dispose of the writ petition, leaving it open for the petitioner to approach the appropriate Forum, in case, she feels that her life is under threat. Order Date :- 23.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench