J&K&L High Court Refuses To Quash ACB Enquiry Against JKAS Officer Claiming Complaint Linked With Her Sexual Harassment Case

The petitioner alleged that she was sexually harassed by the SP & Deputy SP of the ACB and was thereafter illegally implicated in a false and frivolous case. She therefore sought directions upon the respondent UT administration to hold an enquiry against the officers concerned.

She further claimed that she was exonerated by the Additional Deputy Commissioner, however, despite such exoneration she was being harassed by the Investigating Officer and SSP of the ACB for ulterior motives.

Contesting the plea, the respondents submitted that the Deputy SP, against whom petitioner alleged demand of sexual favours, was not conducting any enquiry in any matter linked with her and that the impugned verification was being conducted as per the Vigilance Manual and procedure applicable in such enquiries. It was claimed that petitioner had concocted a false case with mala fide intent to divert the agency's attention from the probe initiated against her.

Justice Vinod Chatterji Koul refused to interfere with the investigation in exercise of its powers under Section 482 CrPC, observing:

"The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 Cr. P.C., must evaluate whether the ends of justice would justify the exercise of the inherent power. While inherent power of the High Court has a wide ambit and plenitude, it has to be exercised to secure ends of justice or to prevent an abuse of the process of any Court."

It added that viewed from all angles, the instant matter demands full dress trial; examination of facts by the High Court in Section 482 jurisdiction as if it is in appeal is not permissible.

"This is not the aim and objective of provisions of Section 482 Cr. P.C. more particularly when petition on hand does not unveil any ground muchless cogent or material one, to indicate that the inherent powers are to be exercised to prevent abuse of process of law and to secure ends of justice", the bench maintained.

So far as allegations of sexual harassment are concerned, the High Court recorded in its order that the General Administration Department has officially launched an inquiry against the accused-officers.

Accordingly, the petition was dismissed.

Case Title : Dr SI Vs UT of J&K & Ors.

Citation : 2022 LiveLaw (JKL) 223

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