Delhi High Court
Mrs. Darshana vs Union Of India & Ors. on 19 November, 2020
$~S-12
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 19.11.2020
W.P.(C) 5024/2020 & CM APPL.18088/2020 (Stay), CM
APPL.18091/2020 (Additional Documents) and CM
APPL.21597/2020 (Stay)
MRS. DARSHANA .....Petitioner
versus
UNION OF INDIA & ORS. ......Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ankur Chibber & Mr. Yogesh Kumar,
Advocates
For the Respondents : Mr. Chetan Sharma, ASG with Ms. Archana
Gaur, CGSC, Mr. Akshay Gadeock & Mr.
Sahaj Garag, Advocates for UOI
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (Open Court - via Video Conferencing)
The present matter has been taken up for hearing by way of
Video Conferencing on account of COVID-19 pandemic.
1. The present writ petition filed under Articles 226 & 227 of the
Constitution of India instituted on behalf of the petitioner prays as
follows:-
"i) A Writ of Ccrtiorari calling for the records of the case
and peruse the same;
ii) Quash and set aside the Order/Judgment in OA
No.824/2020 dated 21.07.2020 passed by Hon'ble CAT,
PB, New Delhi;
iii) Quash and set aside the Impugned transfer order dated
12.03.2020 passed by the Respondents qua the
Petitioner.
iv) Quash and set aside the Rejection order dated
04.06.2020 passed by the Respondents.
v) Quash and set aside the relieving letter dated
31.07.2020.
vi) Direct the respondents to appropriately hold an inquiry
on the complaint made by the Petitioner as per case of
Vishakha & Ors. V. State of Rajasthan and Ors.: (1997)
6 SCC 241 as set out the guidelines and norms for due
observance at work places and action to be taken against
Respondent No.4 (Mr. Manas Chakarvarty) and
Respondent No.5 (Capt. Piyush Badoni).
vii) Cost of the proceedings be awarded in favour of the
Petitioner and against the Respondents."
2. Subsequent upon the institution of the present writ petition, the
complaint of sexual harassment made on behalf of the petitioner has
concluded in an inquiry/investigation report on 28.08.2020 and an
appeal therefrom, which we are informed at the Bar, now stands
dismissed by the appellate authority vide order dated 06.10.2020.
3. In view of the foregoing, Mr. Ankur Chibber, learned counsel
appearing on behalf of the petitioner seeks leave to withdraw this writ
petition with liberty to assail the aforesaid inquiry/investigation dated
28.08.2020 as well as the order rejecting her appeal against the said
report passed by the appellate authority vide order dated 06.10.2020.
4. Leave and liberty granted.
5. The writ petition is dismissed as withdrawn and disposed of
accordingly. All pending applications also stand disposed of
accordingly.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
NOVEMBER 19, 2020
'AA'/dn
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