Dismissal of Judge, Accused of Sexual Harassment at Workplace, Upheld

On Friday, the Delhi High Court dismissed a writ petition filed by an ex Delhi Higher Judicial Services officer who was dismissed from service after sexual harassment at workplace complaint was filed by a female ahalmad of District Court, Dwarka.

The case dates back to 2016 when the petitioner was posted at Dwarka District Courts.

A female ahalmad of the Court had filed two sexual harassment complaints against the petitioner on 5th and 11th July.

An Internal Complaint Committee was set up on 19.07.2016 u/s 4 of Sexual Harassment of Women at Workplace Act, but the allegations were not proved.

After that, the High Court initiated disciplinary proceedings against the petitioner on 16.11.2016 for penalty under Rule 8 of All India Services (Discipline and Appeal) Rules. The inquiry was held from 19.09.2017 to 19.02.2018, and the inquiry report was made on .09.03.2018.

Aggrieved, the petitioner moved the Supreme Court wherein the Court held that the inquiry report dated 09.03.2018 was a report u/s 13 of Sexual Harassment Act and was appealable u/s 18 of the Act.

However, the petitioner was dismissed from service in March 2020 on the High Court’s recommendation and after getting approval from the Delhi government.

The petitioner filed this petition for the restoration of his service in DHJS with all benefits.

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The Delhi High Court dismissed the aforementioned petition and observed that the report dated 09.03.2018 allegations made by Ms M against the petitioner have been proved, and the Counsel had not raised any arguments about the report and the Court also did not find any flaw in the report.

The Court further observed that they judicially examined the report, and all the procedures were followed as well. The Bench concluded that they were convinced that allegations against the petitioner have been proved based on material on record.

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