R.Gomathy vs Union of India

Court
Madras High Court

2026:MHC:4249
WP No. 26992 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 26992 of 2022
and WMP.No.26208 of 2022
CNR: {HCMA011555002022}
R.Gomathy
..Petitioner(s)
Vs
1. Union of India
Rep. by Secretary to Government (Education)
Government of Puducherry,
Puducherry
2. The Director, Directorate of School Education,
Government of Puducherry, Puducherry.
3. The Under Secretary (School Education) - cum-
The Deputy Director (Administration),
Government of Puducherry, Puducherry
4. The Joint Director
Directorate of School Education- cum-
Presiding officer, Internal Complaints
Committee, Government of Puducherry,
Puducherry.
5. V.G.Sivagami
The Joint Director, Directorate of School
Education - cum- Presiding officer,
Internal Complaints committee Government of
Puducherry, Puducherry
6. The District Local Complaints committee
Rep. by its Chairperson,
Government of Puducherry,
Office of Collectorate, Puducherry 605 001
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2026:MHC:4249
WP No. 26992 of 2022
7. V. Subash
Primary School Teacher,
Government Primary School, Mulla Stret,
Puducherry Zone II, Puducherry 1
..Respondent(s)
This Writ Petition is filed under Article 226 of the Constitution of
India, seeking direction to the 6th respondent or any other independent body of
like nature, to probe into the sexual harassment complaint dated 20.09.2021
given by the petitioner to the 2nd respondent and to forbear the respondents not
to take any coercive steps against the petitioner with regard to the petitioner’s
complaint dated 20.09.2021 pending the above referred enquiry.
For Petitioner(s): Mr.Stalin Abhimanyu
For Respondent(s): Mr.R.Syed Mustafa,
Spl.G.P.(P), for R1 to R4 & R6
No appearance for R5
ORDER
The present Writ Petition has been filed seeking a mandamus or any other
writ, or direction of like nature, directing the sixth respondent or any other
independent body of like nature to probe into the sexual harassment complaint
dated 20.09.2021 given by the petitioner against the seventh respondent.
2. Today, the third respondent has come up with the counter affidavit,
wherein, in paragraphs 4 to 6, it has been stated as follows:
“ 4. 1 respectfully submit that the above numbered Writ Petition
has been filed for directing the 6th respondent or any other
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2026:MHC:4249
WP No. 26992 of 2022
independent body of like nature, to probe into the sexual
harassment complaint dated 20.09.2021 given by the petitioner.
The sexual harassment complaint of the petitioner dated
20.09.2021 was inquired by the Internal Complaints Committee
constituted as per section 4 of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition And Redressal) Act, 2013.
Even though the Petitioner herein initiated the Complaint, it is
unknown as to why she did not co-operate with the Internal
Complaints Committee in its proceedings. However, the Committee
had recommended for initiating Disciplinary action against the
respondent No. 7 herein. The recommendation of the Committee
was duly complied with by initiating the proceedings under rule14
of the Central Civil Services (Classification, control and Appeal)
Rules, 1965. The Disciplinary proceedings initiated against the
respondent No. 7 culminated in passing an order of "CENSURE"
against respondent No. 7 herein. As the prayer of the petitioner has
already been completed in the normal course, nothing survives in
this Writ Petition and hence the same is liable to be dismissed.
5. I respectfully submit that the petitioner without exhausting her
remedy under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 has rushed to
this Hon'ble Court. The said Act contains provision for appeal at
various levels and is a self-contained enactment. The above
numbered Writ Petition is liable to be dismissed as the due
procedure has not been followed by the petitioner.
6. I respectfully submit that the petitioner has also stated that she
had preferred a Police Complaint in addition to setting the Sexual
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2026:MHC:4249
WP No. 26992 of 2022
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 into motion. I respectfully submit that the
petitioner has not co-operated with the Internal Complaints
Committee for reasons best known to her, but on the other hand
had rushed to this Hon'ble Court.”
3. According to the above counter affidavit, it appears that the Complaint
Committee constituted as per Section 4 of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013, enquired into the
complaint, and subsequently, based upon the report of the POSH Committee,
disciplinary proceedings were also initiated against the seventh respondent,
against whom the petitioner had complained with, and ultimately, the
punishment of censure was ordered. Therefore, this Court is of the firm view
that, at this length of time, nothing survives in the Writ Petition.
4. At this juncture, the learned counsel for the petitioner would submit
that a copy the report as mandated under Section 13(1) of the POSH Act, was
not furnished to him.
5. The learned counsel for the third respondent undertakes to furnish a
copy within a reasonable time.
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2026:MHC:4249
WP No. 26992 of 2022
6. In such view of the subsequent developments as discussed herein
above, the present Writ Petition is closed. However, the third respondent is
directed to serve a copy of the enquiry report, as contemplated under Section
13(1) of the POSH Act, to the petitioner within a period of two weeks from the
date of receipt of a copy of this order.
7. With the above directions, the Writ Petition is closed. If the petitioner
has got any grievance with reference to the enquiry report, he is at liberty to
take all legal recourse in accordance with law. No costs. Consequently,
connected miscellaneous petition is closed.
13-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
PVS
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2026:MHC:4249
WP No. 26992 of 2022
To
1. The Secretary to Government (Education)
Union of India
Government of Puducherry, Puducherry
2. The Director, Directorate of School Education
Government of Puducherry, Puducherry
3. The Under Secretary (School Education) - cum-
The Deputy Director (Administration)
Government of Puducherry, Puducherry
4. The Joint Director
Directorate of School Education- cum-
presiding officer, Internal Complaints
Committee, Government of Puducherry,
Puducherry
5. The District Local Complaints committee
Rep. by its Chairperson, Government of
Puducherry, office of Collectorate, Puducherry
605 001
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2026:MHC:4249
WP No. 26992 of 2022
C.KUMARAPPAN, J.
PVS
WP No. 26992 of 2022
13-10-2026
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