Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 176959 (ALL)

SMT. SUSHMA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. LKO. AND 6 OTHERS

WRIA/13212/2025 · 2025-11-25

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13212 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Sri Devesh Pathak, learned counsel for the State, Sri Pradeep Tiwari, learned counsel for District Basic Education Officer and perused the record. The present writ petition has been filed with the following main reliefs :- "(a) To issue a writ order or direction in the nature of (a) MANDAMUS commanding the opposite parties to constitute an 'Internal Complaints Committee' strictly as per provisions of Chapter-II, Section 4 of The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 for conducting enquiry against opposite party number 7; (b) To issue a writ order or direction in the nature of a MANDAMUS commanding the opposite parties to constitute Committee for taking appropriate disciplinary action against opposite party number 7 in pursuance to the complaints / representations preferred by the petitioner to the opposite parties;" On the day of hearing, the following order was passed :- "Heard learned counsel for the petitioner, Mr. Devesh Pathak, learned Additional Chief Standing Counsel for the State and Mr. Pradeep Tiwari, learned counsel for the respondent nos. 5 & 6. Instant petition has been filed with the following prayers:- "To issue a writ order or direction in the nature of (a) MANDAMUS commanding the opposite parties to constitute an 'Internal Complaints Committee' strictly as per provisions of Chapter-II, Section 4 of The Sexual Versus Counsel for Petitioner(s) : Pawan Kumar Pandey, Ajay Kumar Counsel for Respondent(s) : C.S.C., Pradeep Tiwari Smt. Sushma Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Basic Edu. Lko. And 6 Others .....Respondent(s) Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 for conducting enquiry against opposite party number 7; (b) To issue a writ order or direction in the nature of a MANDAMUS commanding the opposite parties to constitute Committee for taking appropriate disciplinary action against opposite party number 7 in pursuance to the complaints / representations preferred by the petitioner to the opposite parties;" Contention of the learned counsel for the petitioner is that the petitioner made complaint regarding sexual harassment but since there is no committee constituted for internal complaint as prescribed under Chapter-II, Section 4 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013, therefore, the petitioner is suffering hard. Mr. Devesh Pathak, learned counsel for the State is directed to seek instructions that whether any internal complaint committee is constituted, in the Department of Basic Education, in furtherance to the provision of Chapter- II, Section 4 of the Act, 2013. Mr. Pradeep Tiwari, learned counsel appearing for the District Basic Education Officer shall fetch instructions that whether any local committee has been constituted for the complaint made by the petitioner and whether it is redressed or not. List this matter in the next week in the list of fresh cases." In compliance of the order aforesaid, Sri Devesh Pathak, learned counsel appearing for the State has placed the instructions dated 24- 11-2025 sent by the Director, Basic Education U.P., Lucknow, which is taken on record and that shall be the part of the record. Referring the aforesaid, he submits that three Members Committee has been constituted vide office memorandum dated 17-10-2024, under the provision of Section 4 (Chapter -II), of the Sexual Harassment of Women at Work Place(Prevention, Prohibition and Redressal) Act,2013 (hereinafter referred to as 'Act, 2013'). He further added that the Director has sought a report vide order dated 24-11-2025, regarding the progress on the complaint made by the petitioner. In view of the aforesaid, the present writ petition is hereby disposed of with the direction to the Internal Complaint Committee to consider and decide the complaint of the petitioner within the period of eight WRIA No. 13212 of 2025 2 weeks from the date a certified copy of this order is produced before it, if the same is still pending consideration. November 25, 2025 AKS WRIA No. 13212 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench