LPA No. 463 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 463 of 2011(O&M) Date of Decision 10.03.2011 Dr. Suman Dhanda ---Appellant Versus Kurukshetra University, Kurukshetra and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. V.K. Sachdeva, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 04.01.2011 rendered by the learned Single Judge holding that the remarks imputed to respondent No.7-Prof. V.K. Gupta, could not be regarded as loaded with sexual offence or sexual harassment at work place. The learned Single Judge has examined the remarks in the light of the law laid down by Hon'ble the Supreme Court in the case of Vishaka and others v. State of Rajasthan and others (1997) 6 SCC 241. It would be appropriate to read the remarks quoted by the appellant: “On one hand your husband is claiming LPA No. 463 of 2011(O&M) -2- reimbursement for such a deadly disease and on the other hand you are having a baby. You should not have gone for it. If I would have been at his place, I would not have proceeded for it.” 2. A perusal of the aforesaid remarks would not suggest that it is a lewd remark or desired to stimulant crude sexual desire or lust or it is obscene incident. 3. Having heard learned counsel for the appellant, we are of the considered view that no interference in the view taken by the leaned Single Judge would be called for. The allegation of sexual harassment levelled by the appellant are not substantiated nor made out from the aforesaid statement imputed to respondent No.7 by her. 4. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE March 10, 2011 Atul