Kerala High Court
Sameer K. P. vs State Of Kerala on 19 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
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W.P. (C) No. 26933 of 2024
2025:KER:44568
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(C) NO. 26933 OF 2024
PETITIONER:
SAMEER K. P.,
AGED 41 YEARS
S/O. KUNHABDULLA, LG (ARABIC), A.M.L.P SCHOOL,
ERAVATTOOR, EDAVARAD P. O., PERAMBRA VIA
KOZHIKODE DISTRICT - 673525,RESIDING AT
KALLUMPURATH (H) EDAVARAD P. O.,
PERAMBRA VIA KOZHIKODE DISTRICT.
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.A.RENJIT
SHRI.GOKUL R.NAIR
SHRI.ANSALAM N.X.
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL
OFFICER,PERAMBRA, PIN - 673525.
3 MANAGER,
A.M.L.P SCHOOL, ERAVATTOOR, EDAVARAD P. O.,
PERAMBRA VIA KOZHIKODE DISTRICT, PIN - 673525.
4 HEADMASTER ,
A.M.L.P SCHOOL, ERAVATTOOR, EDAVARAD P. O.,
PERAMBRA VIA KOZHIKODE DISTRICT, PIN - 673525.
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W.P. (C) No. 26933 of 2024
2025:KER:44568
5 USHA N. M.,
SREESASTHA, EDAVARAD P. O., PERAMBRA VIA
KOZHIKODE, PIN - 673525.
6 CHAIRPERSON,
INTERNAL COMPLAINTS COMMITTEE, ERAVATTOOR,
A.M.L.P. SCHOOL, PERAMBRA VIA KOZHIKODE DISTRICT,
PIN - 673525.
BY ADVS.
SHRI. R. K. MURALEEDHARAN
SRI. SANTHARAM P.
SMT. REKHA ARAVIND
SRI. P. G. GOKULNATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P. (C) No. 26933 of 2024
2025:KER:44568
D. K. SINGH, J.
--------------------------
W.P.(C) No. 26933 of 2024
-------------------------
Dated this the 19th day of June, 2025
JUDGMENT
1. The petitioner is a Junior Language Teacher (Arabic) in
Eravattoor A.M.L.P. School, Kozhikode district, an aided School
imparting education to children in classes I to IV. A complaint was
made by the Headmistress of the School against the petitioner
about his conduct. The said complaint was enquired into by the
Internal Compliant Committee constituted under the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 and the Rules made thereunder.
2. It is not denied that the complainant herself was a member
of the Internal Complaint Committee which investigated the
complaint made by her. On the basis of the report of the Internal
Complaint Committee in which the complainant herself was a
member, the petitioner has been directed to produce certificate of
his mental health/fitness.
2025:KER:44568
3. Considering the fact that the complainant was herself a
member of the Internal Complaint Committee, the whole
proceedings have been vitiated. The complainant could not have
enquired about her complaint herself, and she should not have
been part of the Internal Complaint Committee. Therefore, the
present writ petition is hereby allowed and the impugned order in
Exhibit P-8 which has been passed on the basis of the report of the
Internal Complaint Committee is set aside.
4. However, if the complainant is desirous of proceeding with
the complaint or the respondents would desire to proceed against
the petitioner, the respondents may enquire about the complaint
afresh by constituting an Internal Complaint Committee in which
the complainant could not be a member.
Sd/-
D. K. SINGH
JUDGE
Svn
2025:KER:44568
APPENDIX OF WP(C) 26933/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER NO. AEOPRB/312/2024-C DATED
23-02-2024 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE
PETITIO0NER BEFORE THE 2ND RESPONDENT ON 27-
02-2024
EXHIBIT P3 TRUE COPY OF THE ORDER NO. 1/23-24 DATED 05-
03-2024 SAID TO HAVE BEEN ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER NO. 1/23-24 DATED 19-
03-2024 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 26-03-2024 IN WP©
EXHIBIT P6 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE
PETITIONER DATED 20.05.2024
EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 5TH
RESPONDENT TO 6TH RESPONDENT ON 12-05-2024
EXHIBIT P7(A) TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER ON 30-05-2024
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 09-07-2024 PASSED
BY THE INTERNAL COMPLAINT COMMITTEE REPRESENTED
BY ITS CHAIRPERSON
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT ON 10-
07-2024
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 09-07-2024
