[POSH] Delhi HC issues notice in BSF Medical Officer's Plea seeking Fresh ICC proceedings against her Senior in an alleged Sexual Harassment Case

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The Delhi High Court today issued notice in a plea by Medical Officer of the BSF seeking fresh ICC proceedings against her senior under the Court's supervision in an alleged sexual harassment case.

The bench of Justices Rajiv Sahai Endlaw and Amit Bansal was hearing a petition filed by Dr. Millie Murmu has further sought for a direction "to quash all the illegal SCOls/ROEs/Explanation and Warning Letters that have been initiated against the Petitioner during her tenure at SHQ Panisagar following her complaint of sexual assault and workplace harassments, quash the illegal ICC inquiry which was held at Agartala during the Petitioner's tenure at SHQ Panisagar".

The Petitioner was working under Sector BSF Panisagar as Commandant in-charge at Combined SHQ Hospital Panisagar, Tripura where she was sexually harassed by her senior after which several SCOIs and ROEs were initiated against her.The petitioner has stated that one of the said SCOI is basically a revival of an old SCOI which was later rebeuked and hence is a case of double jeopardy.

Petitioner has further pointed out in absence of an ICC she had no competent authority to complain about the atrocities, which is against the guidelines mentioned as in the case of Vishakha & Ors vs. State of Rajasthan, mandating the constitution of an ICC at the workplace.

"The Petitioner's helplessness was taken advantage of by the Respondents by conducting ICC proceedings in an illegal manner by not accepting her original complaint and instead using her letter seeking DG interview as a final complaint. Her several leave applications were denied unreasonably and the gravity of the Petitioner's circumstances was overlooked. Petitioner's right to privacy and safety was also compromised and no immediate relief was granted to her."

The Petitioner has submitted that she is still emotionally disturbed and fearful of living in a hostile environment and hence she came back from her workplace and extended her leave in order to take care of her children informing her senior but the same was rejected.

The Petitioner states that she doesn't wish to return to an environment full of hostilities and bullies which will only add to her sufferings and denial of her basic rights. No remedy was given to her despite the constant reminders. The Petitioner has thus sought a transfer to Delhi as she already has the necessary qualifications and wants to look after her children as both her father and mother-in-law has expired.

The petition has been filed through Dr Swati Jindal Garg.

 

Case Title: Dr Millie Murmu vs Union of India and Anr