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Calcutta High Court (Appellete Side)

Anjan Bhattacharjee vs The Registrar General on 8 December, 2017

Author: Subrata Talukdar

Bench: Subrata Talukdar

                             1



08.12.2017
 S.L-41(KB)
                              W.P. 24993 (W) of 2017


                             Anjan Bhattacharjee
                                   Versus
               The Registrar General, High Court, Calcutta & Ors.



                   Mr. Soumya Majumder
                   Mr. Soumyajyoti Sen
                   Mr. Shibaji Kumar Das
                               ... For the petitioner.

                   Mr. Kallol Bose
                   Mr. Suman Banerjee
                                ... For the High Court Administration.


                    Party/Parties are represented in the order of their

              name/names as printed above in the cause title.

                    Both Mr. Majumder, Learned Counsel appearing

              for the petitioner today and Mr. Bose, Learned Counsel

              appearing for the High Court Administration present

              their essential arguments.

                    While Mr. Majumder reiterates that the complaint

              can only be enquired into by the Internal Complaints

              Committee (for short ICC) as provided by and under the

              Sexual Harassment of Women at Workplace (Prevention,

              Prohibition and Redressal) Act, 2013 (for short the 2013

              Act), Mr. Bose argues that the enquiry under its service
                  2


rules     by   the   Employer/Respondent/High       Court

Administration is not devoid of jurisdiction into a complaint of the nature as contemplated under the 2013 Act.

Mr. Bose produces the Original Record of the Enquiry in a sealed cover.

Let the Original Record in sealed cover be handed back to Mr. Bose for consulting the same.

The record, as directed by the earlier order dated 24th November, 2017 to be retained at the disposal of Mr. Bose for rendering appropriate assistance on the next date, confine to be so retained.

The matter is placed under the same heading "Assigned Matters" at the top on the 12th of January, 2018.

Let notice of this order be communicated to the Learned Amicus Curiae by the petitioner.

Affidavit of Service filed today be kept with the record.

(Subrata Talukdar, J.)