Madras High Court

WP/39634/2026 of D.Rasambal Vs The Union of India Through the Government of Puduc on 7 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 39634 of 2026

CNR:{HCMA012255002026}

D.Rasambal

..Petitioner(s)

Vs

1. The Union of India Through the Government of Puducherry Represented by the Chief Secretary to Government, Government of Puducherry, Chief Secretariat Building, Puducherry 605 001

2. The Director General of Police

Police Department,

Government of Puducherry,

No I Dumas street,

Puducherry 605 001

3. The Secretary

Home Department,

Government of Puducherry,

Chief Secretariat Building,

Puducherry

4. The Internal Complaints Committee

Represented by its Chairperson,

The Senior Superintendent of Police,

Police Department,

Puducherry

5. The Senior Superintendent of Police

Karaikal

6. A. Subramanian

..Respondent(s)

Prayer:

This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus directing the 1st and 3rd respondents to act upon the recommendation of the 4th respondent contained in its report dated 03.07.2026 in terms of Section 13 (4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed) Act 2013 and consequently initiate major penalty disciplinary proceedings against the 6th respondent under the applicable service rules, and report the action taken before this Court.

For Petitioner(s):

Mr. Parthiban Patmanabane

For Respondent(s):

Mr. R.Sreedhar

Additional Government Pleader

(Puducherry)

R1 to R5

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Order

This writ petition is filed for the following relief: “To direct the 1st and 3rd respondents to act upon the recommendation of the 4th respondent contained in its report dated 03.07.2026 in terms of Section 13 (4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed) Act 2013 and consequently initiate major penalty disciplinary proceedings against the 6th respondent under the applicable service rules, and report the action taken before this Court.”

2. The petitioner who is the mother of the victim Woman Police Constable working in the 2nd respondent department has preferred the above writ petition seeking action against the 6th respondent who is the superior officer of her daughter. The contention of the petitioner is that her daughter had been abused sexually, digitally and mentally by the 6th respondent, besides monetary exploitation. The petitioner would submit that unable to bear the pressure, her daughter had attempted to commit suicide on 22.12.2025. The petitioner’s son-in-law had lodged a complaint dated 27.12.2025 to the 5th respondent. However, no action was taken on the said complaint. Thereafter, the petitioner lodged a complaint on 30.12.2025. The matter was thereafter taken up by the Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

3. When the enquiry had commenced in January 2026, the victim had sought medical leave for three months vide representation dated 03.02.2026. However, the same was rejected. Likewise, the request that enquiry to be conducted at Karaikal was also not conceded to and the enquiry was conducted at Puducherry. It is also her contention that since the Internal Complaints Committee had not submitted report, she was constrained to approach this Court in WP(Crl.)No.648 of 2026 and by order dated 24.06.2026, directions were issued for completion of enquiry and submission of report within a stipulated time.

4. Pursuant to the said order, the 4th respondent submitted a report dated 03.07.2026, wherein, after considering eight allegations and the oral, documentary and digital evidence as per report except for the first allegation all other allegations were proved and the committee recommended disciplinary proceedings against the 6th respondent under the extant Service Rules and imposition of major penalties. Despite such recommendation, disciplinary action was not initiated against the 6th respondent. Therefore, a representation dated 21.07.2026 was submitted by the petitioner. Since there was no action against her representation the petitioner has come forward with this writ petition.

5. Today, when the matter had come up for admission, Mr. R.Sreedhar, learned Additional Government Pleader (Puducherry) submits that similar request was made in WP.Crl.No.2395 of 2026 and this Court on the basis of the submission of learned Government Pleader

(Puducherry), has recorded the following: “8.Mr.J.Kumaran requests 24 hours time to take appropriate action and report to this Court. It is hoped that at least after this order, Puducherry Government will wake from its Kumbakarna attitude and decide to play the role of Lord Rama, which it claims it is.

9. Call the matter on 28.09.2026 as first item. In case, no action has been taken by 28.09.2026, this Court will have the pleasure of the Chief Secretary to Government of Puducherry before this Court.

6. On 30.09.2026 the following order has been passed: When

the

matter

was

taken

up, Mr.M.V.Ramachandramoorthy appearing for respondents 2, 4 and 5 reported that the First Information Report has been registered in Crime No.242 of 2026 on 29.09.2026. As the relief has been granted to the petitioner, the writ petition stands closed. No costs.

7. This writ petition has been filed prior to the order passed in WP.Crl.No.2395 of 2026. Considering the fact that this Court has already passed orders on the application of the petitioner, no further orders are required in this writ petition. This writ petition is dismissed. No costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN

To

1. The Chief Secretary to Government, Government of Puducherry, Chief Secretariat Building, Puducherry 605 001

2. The Director General of Police Police Department, Government of Puducherry, No I Dumas street, Puducherry 605 001

3. The Secretary Home Department, Government of Puducherry, Chief Secretariat Building, Puducherry

4. The Internal Complaints Committee Represented by its Chairperson, The Senior Superintendent of Police, Police Department, Puducherry

5. The Senior Superintendent of Police Karaikal

P.T.ASHA J. KAN WP No. 39634 of 2026 07-10-2026

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