'Last Opportunity': Calcutta HC Raps State Gov For Not Filing Response In Plea Alleging Non-Appointment Of Appellate Authority Under POSH Act

The Calcutta High Court on Tuesday came down on the State government for not filing its response in a Public Interest Litigation (PIL) petition alleging that the State government is yet to notify the appointment of an appellate authority as prescribed under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act). 

Section 18 of the 2013 Act stipulates that an aggrieved person can prefer an appeal before the concerned appellate authority within a period of 90 days. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj had provided the State government three prior opportunities to place its stand on record in respect of the appointment of appellate authority under the 2013 Act. 

However, on Tuesday, the counsel appearing for the State government sought further time to submit an affidavit-in-opposition in this regard. Accordingly, the Bench observed with dismay, 

"In spite of repeated opportunities, the State has not placed its stand on record by filing the affidavit-in- opposition."

The Bench further directed the State government to place its response before the Court within 2 weeks and further recorded that this is the 'last opportunity' being given to the State.

"Last opportunity is granted to learned counsel for the State to file the affidavit-in-opposition within two weeks", the Court underscored. 

The matter is slated to be heard next on February 21. 

Case Title: Ashis Mondal v. Union of India and others

Click Here To Read/Download Order