21 of the Constitution of India b. issue a writ, order or direction in the nature of certiorari quashing the proceedings of ICC the Respondent number 2 as held by it under the Provisions of the Act of 2013.
14 and Art.
The employee further submitted a detailed statement dated 28.07.2016 before the Committee.
After receipt of the Inquiry Report, the petitioner has filed this writ petition on 08.06.2018.
The Registrar General will forward the companyplaint dated 05.07.2016 to SHO of the companycerned Police Station for appropriate action in accordance with law under intimation to this Court.
Complaint submitted by the employee came for companysideration before the Full Court of the High Court on 13.07.2016, which resolved as under The Judicial Officer be placed under suspension with immediate effect pending disciplinary proceeding companytemplated against him.
On 05.11.2016, the Committee submitted a Preliminary Report to the Full Court.
The Junior Judicial Assistant was working as Ahlmad in the Court of the petitioner w.e.f.
The petitioner submitted written statement on 11.03.2017.
By its Report dated 05.11.2016, the Committee opined that a disciplinary inquiry be held against the petitioner.
The petitioner was suspended by order dated 13.07.2016 pending disciplinary proceedings.
c. issue a writ, order or direction in the nature of certiorari quashing the Charge sheet dated 23.02.2017 Annexure P 7 issued by the Respondent No.1 on the recommendation of the Respondent No.2 d. issue a writ, order or direction in the nature of certiorari quashing the report dated 9.3.2018 Annexure P 12 of the ICC, the 2nd Respondent herein along with all the proceedings of the Respondents leading thereto e. issue a writ, order or direction in the nature of certiorari quashing the letter of e Honble Delhi High Court dated 15.05.2018 Annexure P 11 issued by Respondent No.1 and f. pass any other writ, order or direction as this Honble Court deems fit to grant in the interest of justice.
The Inquiry Report submitted by the Committee was placed before the Full Court in its meeting held on 25.04.2018 which resolved to forward the Inquiry Report to the petitioner and to ask him to submit his written submissions.
1 and 2 Issue Nos.1 and 2 being companynected are taken together.
The petitioner submitted his reply to the Committee on 02.09.2016.
The Full Court on 06.07.2017 companysidered the written statement of defence dated 11.03.2017 of petitioner and resolved to hold the inquiry.
The petitioner as well as the employee appeared before the Internal Complaints Committee hereinafter referred to as Committee .
Brief facts necessary for deciding this writ petition are 2.1 The petitioner has been working as Additional District Judge at Dwarka, New Delhi.
On 05.07.2016, a written companyplaint was submitted against the petitioner by a lady, Junior Judicial Assistant hereinafter referred to as employee alleging sexual harassment at work place.
Issue Nos.
Full Court in its meeting dated 01.08.2018 also resolved to supply certified companyies of Full Court Meeting Minutes dated 13.07.2016, 19.07.2016 and 16.11.2016 to the petitioner.
On 19.09.2016, the Committee interacted with both the parties separately.
The Full Court resolved for companystituting a Committee in terms of Section 4 of the Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Act, 2013 hereinafter referred to as Act, 2013 chaired by Honble Ms. Justice Hima Kohli, who was appointed as the Inquiring Authority.
2.4 The inquiry before the Inquiring Committee proceeded and Report dated 09.03.2018 has been submitted by the Internal Complaints Committee.
Full Court of the High Court in its meeting dated 16.11.2016 resolved that the disciplinary proceedings for major penalty under Rule 8 of All India Services Discipline and Appeal Rules, 1969 be initiated against the petitioner.
ASHOK BHUSHAN, J. The petitioner, A Judicial Officer in Delhi Higher Judicial Services, against whom disciplinary proceedings alleging sexual harassment is underway, has filed this writ petition under Article 32 of the Constitution of India praying for following reliefs a. issue a writ, order or direction in the nature of certiorari quashing the resolution of Respondent No.1, the Full Court of Delhi High Court dated 13.07.2016 inToto, cited in the report dated 09.03.2018 Annexure P 12 and also all subsequent resolutions passed by Full Court of Delhi High Court dated Signature Not Verified Digitally signed by 19.07.2016, 16.11.2016, 23.02.2017, NEELAM GULATI Date 2019.08.21 162647 IST 06.07.2017 or on any other date in Reason relation to this enquiry, cited in the report dated 09.03.2018 Annexure P 12 as the same are arbitrary, without any jurisdiction and violative of the provisions of Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Act of 2013, Art.
The companyplaint was addressed to the Chief Justice of High Court of Delhi.
