Devadasa P vs The Superintendent Of Post Offices & Ors.

Heard Shri.Vishnu S Chempazhanthiyil, learned counsel for the applicant. Shri.Ashok Suresh, ACGSC takes notice on behalf of respondent nos.1 to 3.

The back ground of this Original Application is the Annexure A-2 complaint preferred by one Shanthakumari P, the then acting Postmaster of Kumbla against the applicant regarding his uncooperative nature and disrespectful behaviour against her. That complaint was taken by the 4^th respondent as a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, hereinafter referred to as the Act. But when the Internal Complaints Committee conducted enquiry, the said de facto complainant clarified that she did not raise any allegation of sexual harassment against the applicant. The Committee has considered the same and found that there is nothing to attract the provisions of the Act and thus, exonerated the applicant. According to the applicant, the Annexure A-2 complaint was referred to the Internal Complaints Committee, established solely for probing allegations of sexual harassment in work place, with the malafide intention of tarnishing and harassing him. He attributes malicious attempt of the 4^th respondent, designed to smear his reputation. Thereafter, the applicant submitted Annexure A-6 representation before the 2^nd respondent for initiating appropriate action and the present grievance of the applicant is that the representation given under Section 14 of the Act has not been acted upon.

I heard the learned counsel on both sides.

The limited grievance of the applicant is that Annexure A-6 has not been considered and acted upon. The learned counsel for the applicant submitted that the applicant will be satisfied if a direction is given to the 2^nd respondent to consider and dispose of Annexure A-6 representation within a time frame.

Having gone through the materials, there shall be a direction to the 2^nd respondent to consider and dispose of Annexure A-6 representation within a period of 60 days from the date of receipt of a copy of this order.

The Original Application is disposed of as above. No costs.

Annexure A1- True copy of the medical leave recommended by medical certificate of the applicant dated 16.8.2021

Annexure A2- True copy of the complaint dated 16.8.2022 submitted by Smt.P.Santhakumari

Annexure A3- True copy of the communication No.ICC/KSD/2022 dated 15.9.2022 issued by the Chairman of Internal Complaints Committee, Kasaragod

Annexure A4- True copy of the report dated 21.9.2022 of the Internal Complaints Committee, Kasaragod

Annexure A5- True copy of the complaint dated 22.6.2023 along with its English translation submitted by the applicant to the 1^st respondent

Annexure A6- True copy of the complaint dated 28.7.2023 of the applicant to the 2^nd respondent

Annexure A7- True copy of the communication No.B1/Staff DLG dated 4.8.2023 issued by the 1^st respondent ….