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2026 DAILYLAW 7386 (BOM)

DR. SHWETA GHARATKAR D/O GIRIDHAR GHARATKAR v. COAL INDIA LTD. THR. ITS CHAIRMAN-CUM-MANAGING DIRECTOR AND OTHERS.

WP/6594/2026 · 2026-09-09

body2026

Judgment text

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1 104 wp 6594.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.6594 OF 2026 Dr. Shweta Gharatkar d/o Giridhar Gharatkar .Vs. Coal India Limited, thr. Its Chairman-cum-Managing Director and ors. __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. Shashank Agrawal, Advocate for the petitioner. CORAM : URMILA JOSHI PHALKE AND RAJ D. WAKODE, JJ. DATED : 09.09.2026. Heard learned counsel for the petitioner. 2. The petitioner has approached this Court seeking direction to the respondents and more specifically the Internal Complaints Committee to conduct the inquiry and conclude the same within stipulated period and strictly in accordance with the provisions of Section 9 to Section 13 of the Sexual Harassment of Women at Workplace (Protection, Prohibition and Redressal) Act, 2013 (hereinafter referred to as ‘aforesaid Act’). 3. The contention is that the petitioner had lodged a complaint against the respondent No.8, who is her superior alleging sexual harassment at work place. On the basis of the aforesaid complaint, already the FIR was registered by Police Station Umrer, District Nagpur, Rural bearing FIR 2026:BHC-NAG:11995-DB 2 104 wp 6594.26.odt..odt No.0081/2023 for the offences alleged under Sections 354- D, 506 and 509 of the Indian Penal Code, 1860. 4. Learned counsel for the petitioner submits that on the basis of the aforesaid FIR, investigation was conducted and since the material was found against respondent No.8, Charge-sheet was filed and now the matter is pending before learned Trial Court. However, at that point of time, though the aforesaid Act came into force in the year 2013, the Internal Complaints Committee was not constituted by the Western Coal Fields at Nagpur. Hence, the complaint under the aforesaid Act could not be submitted. However, on 23.06.2026 the petitioner had submitted a detailed complaint against respondent No.8 before the respondent-authorities which is at record page No.146 Annexure P-29. The aforesaid complaint was submitted on 23.06.2026 and accordingly, it was referred to the Chairperson, Internal Complaints Committee and Women Cell, WCL, Nagpur on 24.06.2026. The communication forwarding such complaint to the Internal Complaints Committee is at record Page No.174 Annxure P-30. 5. The fact remains that the allegations pertain to the year of 2023. However, for want of such Competent Committee for conducting inquiry into such allegation the complaint could not be made in earlier point of time. However, now the complaint is made, cognizance is taken and the complaint is very well referred to the Internal Complaints Committee, and Women Cell, WCL, Nagpur. 3 104 wp 6594.26.odt..odt 6. In view of the above, we dispose of the present writ petition with a direction to the respondent No.6-Internal Complaints Committee, WCL, District Nagpur, to conduct inquiry into the aforesaid complaint and decide the same on its own merit and in accordance with law, within a stipulated period of eight weeks from the date of production of order of this Court. 7. Needless to mention that we have not observed anything on merits of the matter and all the points are kept open. 8. Respondent No.6-Committee is directed to grant an opportunity of hearing to the petitioner so also the respondent No.8 before reaching to the conclusion. 9. The decision taken thereupon shall be communicated to the petitioner within a period of two weeks from the date of such decision. 10. Writ Petition is accordingly, is disposed of. [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 10/09/2026 11:06:22