BALWAN SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS
WRIC/8895/2025 · 2025-09-10
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163587 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8895 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed with the following main prayers:-
"I. Issue a writ order or direction in the nature of MANDAMUS Commanding and directing the Respondent No.2 & 3 to decide the application dt. 22.07.2024 moved U/s 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in compliance with this Hon'ble Court direction in Writ A No.5424 of 2024 within stipulated time period as may be deemed fit & proper by this Hon'ble Court in the interest of justice. Copy of the application dt. 22.07.2024 along with reminder application dt. 30.08.2025 is annexed herewith as Annexure No.1 to this petition. II. Issue a writ order or direction in the nature of MANDAMUS commanding and directing the Respondent No.2 to monitor and ensure the disposal of the application dt. 22.07.2024 in terms of the section 20 of the Act, 2013 by deciding the reminder application dt. 30.08.2025. Copy of the Application dt. 30.08.2025 is annexed along with the application dt. 22.07.2024 as Annexure No.1 to this petition."
3. It is the case of the petitioner that a false complaint was entertained by the Local Complaints Committee under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Versus Counsel for Petitioner(s) : Sajjad Husain, Kulsoom Firoz Counsel for Respondent(s) : C.S.C. Balwan Singh Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others .....Respondent(s)
(hereinafter referred to as 'the Act of 2013"). The petitioner had moved an application on 22.7.2024 under Section 14 of the Act of 2013 before the District Magistrate, Lucknow to take an appropriate action against the complainants, who are Section Officer, Review Officer and Junior Assistant in his office. 4.
It has been submitted that the District Magistrate, Lucknow, on the basis of complaint made by such complainants, had constituted a Committee on 17.10.2023 and after notices were issued, it has come out that the private respondents' complaint is false and was wrongly entertained and, therefore, the petitioner had moved an application under Section 14 of the Act of 2013 before the District Magistrate, Lucknow, which is kept pending. As a result of the first complaint, the petitioner has not been able to avail the promotional avenues available to him. 5. Learned Standing Counsel has placed before us the instructions sent by the office of the District Magistrate, Lucknow, which are taken on record. In the said instructions, it has been stated that after the complaint was received from three employees in the office of the petitioner on 14.9.2023, the District Magistrate had constituted a Committee to look into the matter on
17.10.2023. The then District Probation Officer, who is ex-officio Member of the Local Complaints Committee, had issued notices and two dates were fixed for hearing. Thereafter, the employees themselves wrote a letter on 19.12.2023, saying that the complaint, which they have made against the petitioner, related to misbehaviour in the office by the petitioner and there was no complaint of sexual harassment and that the respondents should initiate disciplinary proceedings against the petitioner. A request was made that the complaint which is not related to the Act of 2013 be sent before the Board of Revenue to initiate disciplinary proceedings against the petitioner. The District Probation Officer had informed the District Magistrate about the letter dated 19.12.2023 written by the complainants and in the last hearing of the Local Complaints Committee on 28.12.2023, the petitioner as well as the complainants-private respondents were all present. The Committee took a decision to transfer the complaint made by the private respondents to the Board of Revenue for initiating disciplinary proceedings against the petitioner. 6.
It appears from the instructions sent by the office of the District Magistrate, Lucknow that the complaint before the Local Complaints WRIC No. 8895 of 2025 2
Committee is no longer pending as the same has been disposed of with a recommendation to send the complaint to the Board of Revenue for initiating disciplinary proceedings against the petitioner. However, the petitioner, under some misapprehension, had filed an application under Section 14 of the Act of 2013. 7. The application under Section 14 of the Act of 2013 can only be entertained if the Committee finds on enquiry that the complaint is malicious and frivolous in nature and is made for extraneous consideration. In this case, the Committee has disposed of the complaint on the admission made by the complainants themselves that they wish a disciplinary enquiry to be initiated against the petitioner for misbehaviour and not for sexual harassment. 8. This writ petition is disposed of with a direction to the District Magistrate, Lucknow to pass an appropriate order on the application of the petitioner dated 22.7.2024 in accordance with law within a period of three weeks from the date, a certified copy of this order is placed before him. September 10, 2025 Sachin WRIC No. 8895 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench