2009(1) SCALE54 ,2009(1 ) JT400, 2009(1)ALD119(SC), [2009(120)FLR773], JT2009(1)SC400, 2009(1)OLR308, 2009(I)OLR(SC)308, 2009(1)SCALE54, (2009)2SCC210, (2009)1SCC(LS)377, 2009(2)SLJ351(SC)

The High Court, in our opinion, without getting the matter enquired into could not have opined that it was a clear cut case of sexual harassment of the writ petitioner and on that basis directed initiation of a disciplinary action in the manner as has been done in paragraph 8 noticed (supra).  We, in modification, of the order passed by the High Court direct that as no complaint committee has been constituted, which was imperative in character, the High Court may appoint a Three Members Committee headed by a Lady and in the event it is found that the writ petitioner was subjected to sexual harassment, the report thereof may be sent to the army authorities for initiation of a disciplinary action against the appellants herein on the basis thereof. All the expenditures which may be incurred in this behalf may be borne by the Army Authorities.

Constitution of India, 1951