JUDGMENT

Rajiv Sahai Endlaw, J. - The petitioner, an ex-officer of the Delhi Higher Judicial Services (DHJS), has filed this petition (i) impugning the letter dated 17th April, 2020 of this Court forwarding the letter dated 16th March, 2020 of the Government of NCT of Delhi (GNCTD) of dismissal of petitioner from service, to the petitioner; (ii) impugning the order dated 16th March, 2020 of GNCTD of approving of dismissal of the petitioner from service, on the recommendation of this Court; (iii) impugning the disciplinary proceedings against the petitioner; and, (iv) seeking restoration of the petitioner in service, with all consequential benefits.

2. The petition came up first before this Bench on 18th August, 2020 and thereafter on 26th August, 2020, when notice of the petition was ordered to be issued and pleadings ordered to be completed.

3. The counsel for the petitioner was heard on 3rd November, 2020 and 20th November, 2020, when the counsel for the respondent in reply and the counsel for the petitioner in rejoinder were also heard and orders reserved.

4. The petition was filed, pleading (i) that the petitioner was appointed in the Delhi Judicial Services (DJS) in the year 1997 and promoted to the DHJS in 2008; (ii) that the petitioner, in the year 2016 was posted in District Court, Dwarka; (iii) that in the morning of 5th July, 2016, when the petitioner was holding Court, he observed that some papers were missing from a judicial file pending in the Court of the petitioner; (iv) that on explanation being sought from the Ahalmad, it was reported that the file concerned pertained to the previous Ahalmad Ms. M (name concealed) in the petitioner's Court and clarification should be sought from her; (v) that Ms. M stood transferred out from the Court of the petitioner and thus notice was directed to be issued to her and served on her on 5th July, 2016; (vi) that annoyed by the said notice, Ms. M, as a counterblast, in the evening of 5th July, 2016 itself, filed a complaint of sexual harassment at work place against the petitioner; (vii) that Ms. M, on 11th July, 2016 made another complaint of the Court notice aforesaid issued to her from the Court of the petitioner; (viii) that both the aforesaid complaints filed by Ms. M were without any supporting affidavit, as was required vide Circular No.87/CJSIII/Compt./2016 dated 17th May, 2016 providing that complaints against the Judicial Officers should not be entertained and no action taken thereon, unless accompanied by a duly sworn affidavit and verifiable material to substantiate the allegations made therein; (ix) that the petitioner, on 14th July, 2016 received a letter dated 13th July, 2016, placing the petitioner under suspension, pending disciplinary proceedings; however the grounds of suspension were not intimated and the complaints aforesaid not brought to the notice of the petitioner; (x) that the Registrar General of this Court, also directed the local Police for registration of criminal case against the petitioner; (xi) that on 19th July, 2016, an Internal Complaint Committee (ICC) under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Sexual Harassment Act) was appointed; (xii) that at the end of August, 2016, the petitioner was called by the ICC, which supplied the complaints of Ms. M to the petitioner, including another complaint dated 28th July, 2016; (xiii) that the ICC held an inquiry and gave its report on 5th November, 2016 but no copy of the report was supplied to the petitioner; (xiv) that the ICC, in its report did not find any "proved allegation" within the meaning of Section 13 of the Sexual Harassment Act against the petitioner; (xv) that though the petitioner should have been exonerated, but was not; (xvi) that on 16th November, 2016, this Court resolved to initiate disciplinary proceedings for major penalty under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 (AIS Rules) against