High CourtsSingle Bench(2020) 06 TP CK 0072

Rekha Das vs Union Of India And Ors

Tripura High Court · Decided on 26 June 2020

HON’BLE JUDGES
S. Talapatra, J
CASE NUMBER
Writ Petition (C) No. 306 Of 2020

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Judgment

7 paragraphs · 354 words

In terms of the order dated 05.06.2020, Mr. H. Deb, learned Asst. SG has produced the report of the independent member of the complaint committee namely, Ms. Hasina Kharbhih (Chairperson, Impulse NGO, Shillong). In the report, it has been observed that the complaint can be concluded as the job profile of the petitioner (Dr. Rekha Das) a Scientist, ICAR (RC) for NEH Region, Tripura Centre, according to the independent member, demands good mental health but from her letter dated 05.12.2018, it has appeared that she has gynecological problem and her doctor wanted to rule out a case of ectopic pregnancy. She was put on medication and observation. That itself, according to the independent member, is an individual state of mental health issues, which are copying mental capabilities and that has pushed the complainant towards filing the complaint.

Be that as it may, this is not the stage where this court should clinically assess this kind of observation which apparently is not relevant to the complaint proceeding.

Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner today afresh.

Issue notice calling upon the respondents to show cause as to why a Rule should not be issued as prayed for; and/or any other such further order(s) shall not be passed as to this Court may deem fit and proper having regard to the circumstances of the case.

Notice is made returnable on 23.07.2020.

Since Mr. H. Deb, learned Asst. SG appears and waives the notice for the respondents No. 1 to 5, no formal notice is called for in respect of those respondents. This court is of the view, the respondent No.6 does not have any role to play in the matter and accordingly no notice be issued to the said respondent. However, steps for service of notice on the respondent No. 7 shall be taken by the petitioner by registered post with A.D. within 3 days from today.

The respondent No. 1 to 5 shall invariably file their reply by the returnable date. It is made clear that outcome of the complaint proceeding shall be subject to the final decision of this writ petition.