MANISHA SHARMA Vs. UNION OF INDIA
LAWS(DLH)-2012-12-166
HIGH COURT OF DELHI
Decided on December 21,2012

MANISHA SHARMA Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

VISHAKA VS. STATE OF RAJASTHAN [REFERRED TO]



Cited Judgements :-

C (NAME AND ADDRESS CONFIDENTIAL) VS. INDIAN INSTITUTE OF CORPORATE AFFAIRS AND ORS [LAWS(DLH)-2018-1-492] [REFERRED TO]


JUDGEMENT

- (1.)This intra court appeal arises out of the order dated 08.01.2004 dismissing the writ petition filed by the appellant herein. The appellant was constrained to approach this Court by filing the writ petition seeking for a direction to the respondents therein to call for records and proceedings of the Fact Finding Inquiry Committee and the Standing Complaints Committee, quash the same and consequentially to direct the appropriate disciplinary authority to take appropriate disciplinary action against respondent No.5, Mr.Raj Kumar, the then Executive Director (Industrial Relations), Railway Board, New Delhi for his act of moral turpitude and sexual harassment of the appellant and for a further direction against Mr.V.K.Aggarwal, Chairman, Railway Board, Mr.S.P.Mehta, General Manager, Northern Railway and Mr.S.Murali, Financial Advisor and Chief Accounts Officer, Northern Railway who have been arrayed as respondents No.2 to 4 in this appeal.
(2.)By the order under appeal, the learned Judge while dismissing the writ petition, directed the General Manager, Northern Railway to consider sympathetically the release of salary to the appellant after September, 2001 within a period of four weeks of her joining the place of posting at Delhi.
(3.)The facts leading to the filing of the writ petition and the present appeal are as follows:-
The appellant, while was serving as a Senior Divisional Accounts Officer w.e.f. June, 1997 at a Division Accounts and Finance Department of Northern Railway used to report to Mr.Raj Kumar, respondent No.5 who was working then as a Divisional Railway Manger of Ferozpur Division. On 18.12.1997, the Chairman, Railway Board along with senior railway officers of Railway Board, Northern Railway Headquarters and Ferozpur Division along with General Manager of Northern Railway were on a visit to Beas for the inauguration of Beas-Goindwal Section. The aforesaid officials including respondent No.5, Mr.Raj Kumar visited the residence of a religious head of Radha Soami sect at Beas and the appellant also accompanied the aforesaid officers. In the course of meeting, the appellant was asked to be seated next to respondent No.5 on the sofa. While other officers were engrossed in discussions, respondent No.5 made repeated physical gestures of pressing his thigh against the appellant and brushing his arms and body against the appellant. He tried to put his arm around the appellant and made physical and sexual gestures. The appellant was so taken aback and seeing somber atmosphere could not react immediately and just got up from the sofa during the Swamiji?s discourse and discussions with the Chairman, Railway Board and in an extremely disturbed state of mind, made an abrupt exit. The appellant was shell shocked and did not know what she ought to do. She had to rush in tears to the bathroom in Swamiji?s house so as to control and compose herself. While she came out and was standing outside the house of Swamiji, respondent No.5 came up to the appellant and told that she should not have run out and stayed inside and enjoyed herself.



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