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Patna High Court

Jyoti Kumari vs The Union Of India on 16 October, 2020

Author: Madhuresh Prasad

Bench: Madhuresh Prasad

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No 8335 of 2020
     ======================================================
     Jyoti Kumari Wife of Late Raj Narayan Singh, Daughter of Tej Bahadur
     Singh working as constable no. 160187367, 48th BN, S.S.B. Jaynagar,
     District- Madhubani, Resident of Village and P.O.- Chamarpur, P.S.- Shahpur,
     District- Bhojpur.

                                                               ... ... Petitioner/s
                                      Versus
1.   The Union of India through the Secretary, Department of Home Affair, New
     Delhi.
2.   The Director General of S.S.B, Force Head Quarter, East Blok- V, R.K.
     Puram, New Delhi.
3.   The Inspector General of S.S.B, Frontier Head Quarter, 3rd Floor, Karpuri
     Thakur Sadan, GPOA Building, Patna.
4.   The Deputy Inspector General of S.S.B, Regional Head Quarter,
     Muzaffarpur.
5.   The Commandant, S.S.B, 48th BN, Jaynagar, District- Madhubani, Bihar.
6.   The Assistant Commandant, S.S.B, 48th BN, Jaynagar, District- Madhubani,
     Bihar.
7.   Sri Anuj Kumar, Deputy Commandant, S.S.B, 48th BN, Jaynagar.
8.   Sri Shankar Singh, 2nd- In- Command, Officiating Commandant, S.S.B,
     48th BN, Jaynagar.
9.   Sri Rajendra Kumar, 2nd- In- Command, 20th Bn, SSB, Officiating
     Commandant, S.S.B, 48th BN, Jaynagar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Arvnendra Kumar Thakur
     For the Respondent/s   :      Dr K N Singh, ASG with
                                   Ms Kanak Verma, AC to ASG
     ======================================================
     CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

                                ORAL JUDGMENT

Date : 16-10-2020 This case has been taken up for consideration through Video Conferencing.

Patna High Court CWJC No.8335 of 2020 dt.16-10-2020 2/3 2 Heard learned counsel for the petitioner and the respondents.

3 Petitioner is a Constable in the Sashastra Seema Bal (for brevity, SSB). It is her case in these proceedings that she has been subjected to gender discrimination. It is on account of such discrimination that she has been visited with several penalties and her representations made before the higher authorities in this regard is also not being acted upon. Nature of the relief, sought in the writ petition, is to invoke the writ jurisdiction to monitor the various actions taken against the petitioner.

4 The learned ASG has appeared. It is submitted that the petitioner, under the SSB Act of 2007, has remedies against the order of punishment for which she may approach the competent authorities. It is further submitted that under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the petitioner may approach the Internal Complaint Committee in respect of allegations alleging any harassment etc. 5 On such submissions being advanced by the learned ASG, petitioner's counsel submits that liberty may be granted to the petitioner to avail the remedies in accordance with law.

Patna High Court CWJC No.8335 of 2020 dt.16-10-2020 3/3 6 In view of the submissions taken note of hereinabove, writ petition is disposed of with liberty to the petitioner to avail of her remedies in accordance with law.

7 This Court would clarify that this order may not be deemed to be an expression on the merits of the submissions of either of the parties.

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                   NAFR
CAV DATE                    NA
Uploading Date          20.10.2020
Transmission Date           NA