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Ms. Nisha Priya Bhatia Vs. Union of India (Uoi) and ors. - Court Judgment

SooperKanoon Citation

Subject

Civil

Court

Supreme Court of India

Decided On

Case Number

Writ Petition (Crl.) No. 60 of 2009

Judge

Reported in

JT2010(1)SC388; 2010(1)SCALE463;

Acts

Constitution of India - Article 32

Appellant

Ms. Nisha Priya Bhatia

Respondent

Union of India (Uoi) and ors.

Advocates:

Party-in-Per

Disposition

Petition dismissed

Excerpt:


- constitution of india, 1950, article 32--sexual intimidation-denial of service dues--contention of the petitioner that she was sexually intimidated by her senior colleagues in office and that they had misused their positions and amassed huge fortunes--she also emphasized that it was on account of her attempts to highlight the misconduct of these officers that she had been harassed & hounded time and again and had even been denied her service dues--allegations made by the petitioner enquired into by several independent bodies but no merit found-- allegations examined by the national human rights commission and the national commission for women--they too had not granted her any relief- no relief could be granted to the petitioner under article 32 of the constitution of india. (para 3 to 5).....that we should not make any order adverse to her in her presence.2. during the course of arguments, the petitioner repeatedly referred to the fact that she had been sexually intimidated by her senior colleagues in office and that they had misused their positions and amassed huge fortunes. she also emphasized that it was on account of her attempts to highlight the misconduct of these officers that she had been harassed & hounded time and again and had even been denied her service dues.3. we have gone through the petition as also the documents filed and find that the allegations made by the petitioner have been enquired into by several independent bodies including a committee beaded by dr. renuka vishwanathan and supervised by the cabinet secretary and that no merit had been found in the allegations levelled by her.4. the record further shows that the allegations made by the petitioner have at one time or the other been examined by the national human rights commission and the national commission for women and they too had not granted her any relief.5. we also see from paragraph no. 18 of the petition that some over-lapping matters are pending before the delhi high court. for.....

Judgment:


Harjit Singh Bedi, J.

1. We had heard the petitioner-in-person at length. Although this is a miscellaneous matter and at the stage of fresh hearing, we had reserved judgment for the reason that the petitioner was surcharged and appeared to be emotionally disturbed and prudence dictated that we should not make any order adverse to her in her presence.

2. During the course of arguments, the petitioner repeatedly referred to the fact that she had been sexually intimidated by her senior colleagues in office and that they had misused their positions and amassed huge fortunes. She also emphasized that it was on account of her attempts to highlight the misconduct of these officers that she had been harassed & hounded time and again and had even been denied her service dues.

3. We have gone through the petition as also the documents filed and find that the allegations made by the petitioner have been enquired into by several independent bodies including a Committee beaded by Dr. Renuka Vishwanathan and supervised by the Cabinet Secretary and that no merit had been found in the allegations levelled by her.

4. The record further shows that the allegations made by the petitioner have at one time or the other been examined by the National Human Rights Commission and the National Commission for Women and they too had not granted her any relief.

5. We also see from paragraph No. 18 of the petition that some over-lapping matters are pending before the Delhi High Court. For all these reasons, we are unable to grant any relief to the petitioner under Article 32 of the Constitution of India. She may however pursue her remedies before the Delhi High Court or elsewhere.

6. The Writ Petition is dismissed for the above reasons.


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