JUDGMENT

Pradeep Nandrajog, J.

1. Between the years 2001-2002 Municipal Corporation of Delhi (hereinafter referred to as "MCD") appointed 41 doctors as Medical Officers (Ayurveda) on contractual basis, including the petitioners who are married to each other. The relevant portion of the letters containing the terms and conditions of the appointment of said Medical Officers issued by MCD reads as under:-

"..With reference to his/her Walk-in-interview and approval of Commissioner, Municipal Corporation of Delhi, Dr.Neena Shad/Dr.Sunil Chaudhary is hereby given Offer of Appointment to the post of Ayurvedic Vaid on contract basis at a fixed amount of Rs.10,000/- per month initially for a period of six months, or till such time the post is filled up on regular basis through UPSC, whichever is earlier subject to the following terms and conditions:-

1. The post is purely on contract basis for a period of six months or till such time the post is filled up on regular basis by CED through UPSC, whichever is earlier. The appointment can terminated at any time on either side by giving one month's notice or by paying one month's salary without assigning any reason.." (Emphasis Supplied)

2. From time to time, MCD extended the term of appointment of the aforesaid Medical Officers including the petitioners. Remuneration of the said Medical Officers was also enhanced.

3. On 13.07.2007 a complaint was made to the Commissioner MCD by petitioner Neena Shad, who was then posted at Bihari Pur Ayurvedic dispensary, against one Shiv Dayal Kain, Compounder in the said dispensary, inter-alia alleging that she was sexually harassed by the said Compounder. In view of the complaint made by petitioner Neena Shad, Commissioner, MCD directed Dr.Ashok Garg, Chief Medical Officer to investigate into the matter and submit a report in said regard.

4. On 16.07.2007 Dr.Ashok Garg, Chief Medical Officer, submitted a report wherein he opined that Mr.Shiv Dayal Kain be transferred from Bihari Pur dispensary to Ayurvedic dispensary of Swami Dayanand Hospital. He further opined that 'I found no harassment with MOI/C by the pharmacist. It has come to my notice that both are faulty one or the other issue.'

5. Thereafter one Mr.Shri Ram was appointed as Compounder in Bihari Pur Ayurvedic Dispensary. Petitioner Neena Shad alleged that since the said Compounder was not discharging his duties in a satisfactory manner she went to the office of Chairman, Medical Relief and Public Health Committee on 22.11.2007 to complain about Compounder Shri Ram where she was manhandled by Mr.Prakash Chand Dagar, Peon to the Chairman, while she was waiting to meet the Chairman. The petitioner filed a complaint with Commissioner, MCD regarding the said incident.

6. Considering the problems between petitioner Neena Shad and Compounder Shri Ram, a decision was taken by the higher officials of the Health Department of MCD on 23.11.2007 to transfer the petitioner from Bihari Pur dispensary to Nand Nagari dispensary.

7. On the same date i.e. 23.11.2007 Dr.Vidya Sagar Sharma, who was officiating as DHO (ISM) accompanied by Dr.Ashok Garg, Chief Medical Officer, visited Nand Nagari dispensary to facilitate petitioner Neena Shad in joining the said dispensary. Petitioner Neena Shad alleged that Dr.Vidya Sagar had touched her in a derogatory manner. The police was called on the spot to inquire into the matter.

8. In his defence, Dr.Vidya Sagar stated that on the directions of Chairman, Medical Relief and Public Health Committee he along with Dr.Ashok Garg had gone to Nand Nagari dispensary to facilitate petitioner Neena Shad in joining the said dispensary where petitioner Neena Shad was present along with her husband Dr.Sunil Chaudhary. Petitioner Neena Shad and her husband unnecessarily picked up a fight with him and thereafter called the police and falsely accused him of sexually harassing Neena Shad.

9. An enquiry was conducted into the aforesaid matter by the Offic