Legal Question in Sexual Harassment in India

sir,
we both husband and wife were employed on contractual basis in a govt.organisation,Initially my wife made a complaint of sexual harassment against her immediate officer and also filed a criminal case before Metropolitan magistrate, which was cognised and he was summoned under 354 IPC. later an another officer issued two fake orders to both of us denying our reengagement and our services were discontinued. The letters were illegal but we could not understand the exact meaning of these vague letters and sat at home. later on my wife filed a writ petition challenging the same order which was dismissed, becuase we had no legal right for reengagement as mentioned in the decision. thereafter, after a long battle through RTI applications, we could manage to collect some proofs of extensions of our juniors. we again filed a writ petition before high court which was manitained but ultimately transferred to CAT. Now the present scenario is that, a transferred application is pending before CAT and we are still peregrinating for our posting. The probity of the case is that, we were discontinued by the same officer against whom the criminal case is pending from our side and a higher officer helped him by issuing fake orders, to decieve us.Further a writ petition was filed by me before high court for enforcement of fundamental rights which was withdrawn by myself with a liberty to go through appropriate forum. Moreover we recently came to know about the forgery done in the office orders issued to us, that the term re-engagement was used to fake out us, while there was no reengagement ever in existence.
My query is that, can we still move a criminal writ petition under art. 226 praying for a prohibitory writ against our victimization by the officers of department during the redressal of complaint of sexual harassment & pendency of criminal case and to get our posting back.
sir I am peregrinating for one and half years kindly suggest a quicker and sure way.
thanks a lot.

Asked on 3/16/10, 1:47 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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once the case was transferred to CAT by high court orders only and the case is still pending, there is no point moving the HC under writ jurisdiction. on the other hand, in case you are sure that forgery was done by the officers concerned, you may move a private complaint before the magistrate under whose jurisdiction forgery was committed and in case the cognizance is taken by him, your case at CAT would be strengthened.

Answered on 3/16/10, 3:03 am

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