Case Brief
Name of Court: Calcutta High Court
Parties: Senjuti Chakrabarti v. Ld. Registrar General, High Court at Calcutta & Ors.
Case No.: WPO (P) / 6/ 2023
Date of Order: 07.08.2023
Bench: Hon’ble Chief Justice T. S. Sivagnanam, Hon’ble Justice Hiranmay Bhattacharyya
Topic: Dismissal of PIL prematurely filed
Facts: X (Petitioner) filed a writ petition seeking issuance of certain directions to the High Court at Calcutta for complying with the provisions of the POSH Act, 2013.
Law: POSH Act, 2013
Conclusion: The Court dismissed the petition as absolutely premature on the following grounds:
- The settled position of law is that a writ of mandamus will be issued when there has been inaction on the part of the authorities, or when a genuine representation has been made has not been acted upon in accordance with law,
- X, being a practising advocate, failed to make representations to the Registry, which ought to have been done as X had been practising before the Calcutta High Court since 2019,
- X has filed the writ petition on the basis of replies received under the Right to Information Act.
However, X was at liberty to make appropriate representations before the concerned authority.
By – Divya R, Trainer & External Member, Chief Research & Development Officer