Jammu & Kashmir High Court
Raghbir Singh vs Ut Of J&K & Ors on 28 April, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 25
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 987/2025
CM No. 2376/2025
Raghbir Singh .....Appellant(s)/Petitioner(s)
Through: Mr. Vikram Sharma, Sr. Advocate with
Mr. Sachin Dev Singh, Advocate &
Mr. Sanpreet Singh, Advocate.
Vs
UT of J&K & Ors.
.....Respondent(s)
Through: Ms. Nazia Fazal, Assisting Counsel vice
Mrs. Monika Kohli, Sr. AAG for R-1 to 9.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(28.04.2025)
01. Heard Mr. Vikram Sharma, learned Senior Advocate for the
petitioner.
02. Police Training School (PTS), Kathua is headed by Principal
which post is held by a Senior Superintendent of Police
(SSP) rank holding police official.
03. The petitioner at relevant point of time was posted in the
said Police Training School (PTS), Kathua as DySP
(Adm/Outdoor), SPS, PTS. The petitioner’s posting to Police
Training School (PTS), Kathua had taken place way back in
the year 2019 upon his transfer from 8th Battalion of
Jammu & Kashmir Armed Police.
04. The petitioner came to be complained against by a Woman,
name withheld, Selection Grade Constable alleging her
2 WP(C) No. 987/2025
CM No. 2376/2025
sexual harassment by the petitioner which resulted in
institution of a complaint on file No. 01 of 2024 before the
Internal Complaints Committee constituted under the
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 [hereinafter called, the
Act of 2013] on 06.12.2024.
05. The Internal Complaints Committee came up with a final
inquiry report dated 05.03.2025 with the following
outcome:-
“In order to provide a fair and supportive
environment for women folk and hold
accountability, the Internal Complaint Committee
recommends disciplinary action in terms of rule
30 (iv) of the Jammu and Kashmir Civil Services
(Classification, Control and Appeal) Rules 1956,
the penality of “reduction to a lower post and/ or
a lower time scale and/ or lower stage in time
scale” against the respondent (Raghbir Singh,
Dy.SP PID No. ARP932137)”
06. Being aggrieved of the findings of the inquiry as well as of
the recommendations of the Internal Complaints
Committee, the petitioner has come forward with the
institution of the present writ petition under Article 226 of
the Constitution of India thereby seeking a ‘writ of
certiorari’ for quashment of the inquiry report and also a
‘writ of mandamus’ not to act upon the recommendations of
the inquiry report so submitted by the Internal Complaints
Committee.
07. This Court, in terms of an order dated 25.04.2025, came
forward with an observation that in order to proceed further
in the matter it is proper to direct the official respondents
3 WP(C) No. 987/2025
CM No. 2376/2025
to have instructions at the first instance with regard to the
legal issues raised in the writ petition.
08. In response to this observation, as recorded in order dated
25.04.2025, Ms. Nazia Fazal, Assisting Counsel to Mrs.
Monika Kohli, learned Senior AAG has come forward with
reference to section 18 of the Act of 2013.
09. Reference to section 18 does not take the matter forward in
the context of the observation made by this Court in the
order dated 25.04.2025.
10. A bare reading of Act of 2013 read with Sexual Harassment
of Women at Workplace Rules, 2013 would show that it is
difficult to figure out as to whether any appellate forum is
available in the Union Territory of J&K under the regime of
the Act and Rules thereunder for an aggrieved employee,
against whom adverse recommendations come forward, to
take up the matter in appeal and in absence of such an
appellate authority/forum, the last resort left is to seek
judicial review under article 226 of the Constitution of
India.
11. Given the fact that the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act,
2013 and the rules made thereunder are not meant to be
cosmetic in terms of its intent and purpose both from the
point of view of an aggrieved individual as well as an
individual complained against, as such, this writ petition
pose an opportunity for this Court to have a detailed survey
4 WP(C) No. 987/2025
CM No. 2376/2025
of the state of constitution and existence of an appellate
authority under the Act in the Union Territory of J&K so as
to ward off confusion as has come to obtain in the present
case with the presentation of the present writ petition by
the petitioner. Therefore, this Court is inclined to entertain
the present writ petition.
12. Prima facie case is made out.
13. Issue notice to the respondents in the main matter as well
as in CM also.
14. Since the aggrieved working woman has been referred by
her batch number as respondent No. 10, as such, her
service to take place through Principal, Police Training
School (PTS), Kathua i.e. the respondent No. 3.
15. Notice, on behalf of the respondents No. 1 to 9, accepted by
Ms. Nazia Fazal, Assisting Counsel to Mrs. Monika Kohli,
learned Senior AAG.
16. Notice to go only to respondent No. 10 by her batch
reference to be served by Principal, Police Training School
(PTS), Kathua.
17. Petitioner to furnish registered postal covers within a period
of seven days for the service of the respondent No. 10,
whereupon the learned Registrar Judicial, Jammu to
address notice not by name but by reference to batch
number of respondent No. 10 for the service of said
respondent.
5 WP(C) No. 987/2025
CM No. 2376/2025
18. The addressee of postal letter bearing the notice meant for
the respondent No. 10 is to be Principal, Police Training
School (PTS), Kathua.
19. List on 06.06.2025.
20. Given the fact that the petitioner is no more posted in the
Police Training School (PTS), Kathua, as such, staying the
operation of the impugned inquiry report and its
recommendations would not be offending sensitivity of the
case. Accordingly, the operation of the inquiry report with
its recommendations shall remain stayed. This direction is,
however, subject to objections from the other side.
(RAHUL BHARTI)
JUDGE
JAMMU
28.04.2025
Bunty
Bunty Kumar
2025.05.01 14:19
I attest to the accuracy and
integrity of this document
Jammu
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