1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9372 of 2009 Samastipur Kshetriya Gramin Bank, a Bank sponsored by the State Bank of India, having its Head Office at Samastipur through its Manager-Personel, Bijay Kumar Prasad, son of late Yadubir Prasad, resident of Sonbarsa Chowk, P.O., P.S. Town, Samastipur, District-Samastipur ………Petitioner Versus The Bihar State Commission For Women, a Commission constituted by the Government of Bihar having its Office at 1, South Bailey Road, Near High Court, Patna The Chairperson, State Commission for Women, a Commission constituted by the Government of Bihar, having its Office at 1, South Bailey Road, Near High Court, Patna. ……..Respondents ---------------------------------- 03. 12.09.2011 Heard Mr. S.D. Sanjay. None appears on behalf of respondent Nos. 1 and 2, though counter affidavit has been filed on their behalf which is on record. The present writ application has been filed for quashing the order communicated vide Memo No. 1491 dated 23.07.2009, as contained in Annexure-12, by which the Bihar State Commission for Women has asked the Chairman of Samastipur Regional Rural Bank to submit the compliance report by 31.07.2009 with regard to posting of the Chairman of Women Grievance Redressal Committee of the Head Office and the number of women posted in the Clerical and Officer cadre, otherwise the Commission will take appropriate 2 action in the matter, since the Bank was orally asked to comply the aforesaid directions within fifteen days in pursuance to the direction of the Commission dated 03.07.2009 taken in the longer interest and effective working of the Women Grievance Redressal Committee of the Bank. The facts in brief is that, on 12.08.2008, the Officers Association of the Bank submitted a representation as contained in Annexure-1, to the Chairman of the Bank, for constituting a Complaint Redressal Committee for its women employees in pursuance to the guidelines laid down in the case of Vishakha & Ors versus State of Rajasthan & Ors reported in (1997) 6 SCC 241 as well as the guidelines fixed by the Reserve Bank of India. The Bihar State Commission for Women, vide letter dated 22.08.2008 as contained in Annexure-2, also requested the petitioner Bank for constitution of the Women Grievance Cell. Consequently, the Women Grievance Redressal Committee was constituted when Smt. Nirmala Kumari, posted at Samastipur at Tajpur Road Branch of the Bank, the only Officer posted in the Bank, was made its Chairman, whereas other two female members who were from Clerical cadre posted at Head Office at Samastipur were appointed as members vide office 3 order dated 06.12.2008 as contained in Annexure-3. The Bihar State Commission for Women was intimated about constitution of the Women Grievance Redressal Committee of the bank with the respective designations and posting on 16.12.2008, vide Annexure-4. . Subsequently, on 22.05.2009, the Bihar State Commission for Women raised grievance against posting of the Chairman of the Women Grievance Redressal Committee of the Bank at Tajpur Road Branch on the ground that it will create impediments in the functioning of the Chairman of the Women Grievance Redressal Committee. On 13.06.2009, the bank specified the Chairman of the Women Grievance Redressal Committee for holding meeting and disposing off the complaint of any women with regard to sexual harassment and directed to intimate to the Bihar State Commission for Women. The Bihar State Commission for Women was also intimated on 13.06.2009 that the Chairman is the only women officer in the Bank posted at Tajpur Road Branch, Samastipur which is within one K.M. from the Head Office at Samastipur. Moreover, the residence of Chairman is near Tajpur Branch, hence it will absolutely create no problem for the Chairman to function. It appears that subsequently the Bihar State Commission for Women issued notices for appearance 4 of the Chairman of the Bank when senior officials of the Bank appeared and explained the things, but it appears that on 03.07.2009, the State Commission orally directed to post the Chairman at Head Office and to supply the number of women employees in the officers and clerical cadre within fifteen days. It is submitted by learned counsel for the petitioner that the impugned order, directing the Chairman of the Bank to appoint certain Officer in certain branch will amount to interference in the day to day affairs of the Bank. Moreover, as it appears from the impugned order, the said order was orally communicated to the Chairman of the Bank. Consequently, the Bihar State Commission for Women has no authority to direct posting of certain officer at certain place and its non-compliance, particularly of the oral direction, will not in any way amount to contempt of the Bihar State Commission for Women by the authority of the Bank. So far as the grievance of the Bihar State Commission for Women, with regard to non-supply of the members of women employees in the clerical and officer cadre is concerned, it appears that it has been supplied to the Commission. It is specifically submitted that only three woman are working in Bank and all three have been made Chairman and members 5 of the Committee. Considering the fact that Women Grievance Redressal Committee has been constituted and its Chairman is posted in a branch situated less than one K.M. from the Head Office and above all, neither the Chairman of the Bank nor any member of the Women Grievance Redressal Committee have raised any grievance for the same, hence the raising of such issue by the Bihar State Commission for Women, when only three women employees are working in the Bank appears to be absolutely misconceived and can not be sustained. In the circumstance, the letter communicated vide Memo No. 1491 dated 23.07.2009 as contained in Annexure-12, is hereby quashed. With the observations above, the writ application stands allowed. Shageer (Dinesh Kumar Singh, J)