vimla Kushwaha vs STATE OF CHHATTISGARH

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CGHC010409982026 2026:CGHC:46529
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5392 of 2026
1 - Vimla Kushwaha D/o Shri Ramswaroop Kushwaha, Aged About 34 Years
Assistant Teacher (L.B.)government Kanya Uchcha Madhyamik Vidyalaya,
Pratappur, District Surajpur (C.G.) R/o Village Sirsi, Surajpur, District Surajpur
(C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, School Education
Department, Mantralaya, Nava Raipur (Atal Nagar), District Raipur (C.G.)
2 - District Officer/additional Collector, Surajpur, District Surajpur (C.G.),
Chairperson Of The District-Level Committee For The Sexual Harassment Of
Women At Workplace / Office Of The District Officer
3 - District Education Officer, Surajpur, District Surajpur (C.G.)
4 - Presiding Officer/ Chairperson, Leena Manjhi, Local Committee
Constituted Under Section 6 Of The Act For District Surajpur (C.G.)
5 - Shri Bharat Nag, Government Girls Higher Secondary School, Sarhari,
Pratappur, District Surajpur (C.G.).
... Respondent(s)
For Petitioner : Ms. Meena Shastri, Advocate
For State : Mr. Anil Pandey, GA
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
03/11/2026
1. The petitioner, in this Writ Petition, has prayed for the following reliefs:-

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“10.1 That, this Hon'ble Court may kindly be
pleased to issue a writ in the nature of mandamus,
or any other appropriate writ, order or direction,
commanding Respondents to act upon and
implement, within a time to be fixed by this Hon'ble
Court, the recommendations of the Local
Committee dated 11.11.2025 made under section
13(3) of the "The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal)
Act, 2013".
10.2 That, this Hon'ble Court may kindly be pleased
to direct Respondent No.02 and 03 and the
authority competent under the service rules, to
initiate and complete within a time-bound period
action against Respondent No.05 as misconduct in
accordance with the service rules. applicable to
him, as provided in section 13(3) of the Act.
10.3 That, this Hon'ble Court may kindly be pleased
to direct Respondent No.04 to determine the amount
of compensation payable to the petitioner under
section 15 of the Act within a fixed period, or itself
to determine it, and to direct respondent No. 02 and
03 to recover that amount from Respondent No.05
and pay it to the petitioner, failing which to recover
it as arrears of land revenue as provided in section
13(3).
10.4 That, this Hon'ble Court may kindly be pleased
to direct respondent No.02 and 03 to ensure that
Respondent No.05 does not exercise any
administrative supervisory control over the leave,
salary, attendance or service record of the
petitioner, and that the petitioner is not subjected to
any adverse action by reason of her complaint.

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10.5 That, this Hon'ble Court may kindly be pleased
to award the costs of this petition to the petitioner.
10.6 That, any other relief which this Hon'ble Court
deems fit and proper in the facts and circumstances
of the case may also be granted to the petitioner.”
2. Learned State counsel submits that pursuant to the order dated
27.10.2026 passed by this Court, instructions have been received from
the concerned authority. He further submits that the District Education
Officer, Surajpur, vide letter dated 29.10.2026, has recommended the
transfer of respondent No. 5 in view of the allegations of sexual
harassment levelled against him. He, therefore, submits that the present
petition may be disposed of in view of the aforesaid recommendation.
3. Learned counsel for the petitioner submits that in view of the action
taken by the concerned authority, the petitioner does not wish to press
the present petition at this stage. However, she seeks liberty to avail
appropriate legal remedies in future, if the need so arises.
4. Having considered the submissions made by learned counsel for the
parties and particularly taking note of the letter dated 29.10.2026 issued
by the District Education Officer, Surajpur, recommending the transfer of
respondent No. 5, this Court is of the view that no further order is
required to be passed in the present petition at this stage. However, the
petitioner shall be at liberty to seek appropriate relief, including
compensation, in accordance with law, after completion of the enquiry.
5. It is made clear that this Court has not expressed any opinion on the
merits of the case.

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6. With the aforesaid observations and directions, the present petition
stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Priyanka